Ex parte Vasques — 5 Cow. 29

Majority

p. 29

Ex parte Vasques.

Headnote

A submission to arbitration may, within 1 R. L. 125, be made a rule of court, as well after as before the award.

Yasq.ues and M’Reever had submitted certain matters n difference to arbitrators, and agreed that the submission should be made a rule of the Court of Common Pleas of the city and county of New York. The arbitrators having awarded the payment of a sum of money to Tasques, he applied to the Common Pleas for a rule enforcing the award; which the Court declined to grant, on the ground that the submission not being made a rule of Court before the award, the parties should be left to their usual remedy by suit.

A motion was now made for a mandamus, .commanding the Court of Common Pleas to make the submission a rule of Court; and 1 R. L. 125, and Knight v. Carey, (1 Cowen, 39,) and the notes to that case, were cited.

J. M’Kown, for the motion.

We see no reason for the distinction taken by the Court of Common Pleas. The practice appears to be

p. 30

well settled that the submission may be made a rule oí Q0nrt as well after as before the award. Let an alter native mandamus go.

Rule accordingly.