6 Wend. 520
Decided February 3, 1831
New York Supreme Court · decided 1831-02-03
On motion to confirm an award- of arbitrators and for judgment, it was objected that notice of the application had not been given to the party sought to be charged, as was decided to be necessary, 5 Wendell, 102. It appeared that a term of this court had intervened since the publication of the award.
Decided 1831-02-03
¶1By the Court,
¶2A party to a submission may, at the next term after the publication of the award, move the court to modify or correct it. 2 R. S. 542, § 11, 12. If the party, in whose favor the award is made, at such next term asks for a confirmation of the award, notice of the application must be given; but where a term has intervened, notice is not necessary.