Shiver v. Ross

Decided November 15, 1803

Supreme Court of South Carolina · decided 1803-11-15

An action of assumpsit was brought in this case, and the parties .submitted the matters in difference between them to arbitration under a rule oí court. The arbitrators made ait award in favor of the plaintiff; whereupon he obtained a rule to shew cause why the award should not be approved and affirmed, and why he should not jiave leave to enter up judgment thereon. shewed cause before Brevard, J. in Kershaw district court, and took several exceptions to the award.

Decided 1803-11-15

¶1Upon a motion in this court to reverse the order of the district court, the same grounds were taken and relied on; but the court were all of opinion that the decision of. the district court was right, and that the doctrine on the subject had been correctly stated; and therefore discharged the motion.

Present, Gkoike, Waties, Johnson, Tkezhvant, and Brevard, Justices; Bay. J. absent.

¶2Note. See 1 Atk. 64. 1 Dallas, 313. 3 Atk. 494. 3 Bur. 1258. 1 Bro. 271. 2 Bro. 701. 3 Atk. 529. Imp. Prac. K. B. 6th ed. 2 Bur. 701. 1 Str. 301, 1 Salk. 71, 1 Bur. 277. 1 Ves. jr. 369. 3 Ves. jr. 15.