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6 Wend. 520 Court N.Y. Sup. Ct. Decision date 1831-02-03 English

Delivered by Savage, Ch. J.

Contents

Majority

p. 520
Anon.

Headnote

Notice of motion to confirm, an award of arbitrators is not necessary, if a term has intervened since the publication of the award ; if confirmation be asked at the next term after publication, notice must be given.
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.

By the Court,

A 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.