Wrightson v Bywater and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1838 |
| Date | 01 January 1838 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 1114
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 6 Dowl. P. C. 359; 1 H. & H. 50; 7 L. J. Ex. 83.
[199.] WRiGHfrsoN i). bywater and others. Exch. of Pleas. 18.38.-By ati -2-j:' |order of reference, a cause was referred to an arbitrator, who was to settle all matters in difference between the parties at law and in equity, arid to order and determine what be should think fit to be done by either party respecting the matters in dispute ; so as he should make and publish his award by a day specified, (with power to enlarge the time for making it), ready to be delivered to the parties, or, if either of them should be dead, to their respective personal repre- SM. &W. 200. WRIOHTSON V. BY WATER 1115 sentatives. And the arbitrator was to be at liberty to make one or more awards at his discretion.-At the time of this submission, two equity suits were pending, in which the parties to the action were interested, and in which certain infants were also concerned ; and there were also other matters in difference between them. LSefore any award was made, L., one of the parties to the equity suits, died.-The arbitrator made an award within the time limited by enlargement, whereby he ordered that a verdict should be entered for the plaintiff, damages 5001., and that the defendants should pay that sum to the plaintiff', as well as the further sum of 3501., for grievances not included in his declaration.-On motion to set aside judgment and execution sued out on the award (the enlarged time having expired): Held, first, that the award was sufficiently final, although it did not dispose of the equity suits; secondly, that it was not invalidated by the circumstance that infants were parties to those suits; thirdly, that the arbitrator's authority was not revoked by the death of L. ; fourthly, that the award of the 3501. was sufficiently certain. [S. C. 6 Dowl. P. C. 359 ; 1 H. & IL. 50; 7 L. J. Ex. 83.] This was an action of trespass, and stood for trial at the Leicester Summer Assizes, 1835 ; but was referred, by order of Nisi I'rius, to an arbitrator, who was to settle all matters in difference between the parties at law and in equity, and to order and determine what he should think fit to be done by either party respecting the matters in dispute, the parties agreeing to be bound and concluded by such determination, and to remain contented and satisfied therewith ; so as the said arbitrator should make and publish his award in writing concerning the premises, ready to be delivered to the parties, or if either of them should be dead before the making of the award, to their respective personal representatives, who should require the same, on or before the first clay of Michaelmas Term then next. Provision was then made for the costs of the cause and of the reference, and power given to enlarge the time for making the award from time to time as occasion should require, &c. : and the arbitrator was to be at liberty to make one or more awards, at his discretion. At the time of this submission, two suits in equity were pending, in which the parties to this cause were concerned, and in which certain infants were interested ; and there were also other matters in difference between them. On the first meeting before the arbitrator, the defendants' counsel being absent, a postponement of the refer-[200]-ence was applied for ; as a condition of I which, the arbitrator required that the defendants should lodge in a banker's hands the sum of 7301., to abide the event of the award, which was accordingly done. The time for making the award was enlarged from time to time to the first day of Michaelmas Term, 1836. In the meantime, a plaintiff in one of the equity suits, one Thomas Linaker, died. On the 17th June, 1836, the arbitrator made an award, whereby, after reciting the order of reference, he...
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