6 Cow. 399
Decided October 15, 1826
New York Supreme Court · decided 1826-10-15
Richardson sued Wright in the Oneida common pleas for an assault and battery. Issue being joined, the parties stipulated in writing to refer the cause to three persons ; that they should hear it on the pleadings; and that a judgment should be entered on their report. After-wards, the defendant revoked the submission ; but the referees, notwithstanding, proceeded to a hearing, and reported for the plaintiff.
Good law ✅— No negative treatment on recordhow we know
Decided 1826-10-15
Cited by 5 later decisions — most recently July 1900
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The court below were right. A general submission to arbitration is a discontinuance. Not so of a submission, where a judgment on the report, or a cognovit, is to follow. By the very terms of the submission, the cause is to be continued in court. The motion must be denied.
¶2Motion denied.