{
  "id": 8654125,
  "name": "MILTON HARDING, et al. v. JOHN HART, et al.",
  "name_abbreviation": "Harding v. Hart",
  "decision_date": "1896-02",
  "docket_number": "",
  "first_page": "839",
  "last_page": "840",
  "citations": [
    {
      "type": "official",
      "cite": "118 N.C. 839"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "117 N. C., 112",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8652562
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/117/0112-01"
      ]
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    {
      "cite": "105 N. C., 460",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8652978
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/105/0460-01"
      ]
    },
    {
      "cite": "93 N. C., 195",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11273039
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/93/0195-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T17:26:06.557243+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "MILTON HARDING, et al. v. JOHN HART, et al."
    ],
    "opinions": [
      {
        "text": "Montgomery, J.:\nThe agreement to submit to arbitration was made before the referees who had been appointed-by the court for the purpose of stating an account between the parties. Before the testimony had been concluded the defendants served a notice upon the arbitrators appointed by themselves \u2014 the same persons wdio had been appointed referees by the court \u2014 in which notice they said that they \u201c do now and hereby revoke and annul the agreement and submission heretofore made to arbitrate the matters in dispute in this case between them and the plaintiffs, and ask that the matter be determined by you under the order o court as referees.\u201d The report was made to the court, and the same was set aside and the matters re-referred. An order was also made for new parties and the taking of additional testimony. The plaintiffs appealed.\nThe appeal is premature. The order of the court was only interlocutory. Plaintiffs should have assigned errors and exceptions, and had the same noted in the record, so that the whole might be brought up by an appeal from the final judgment. Hailey v. Gray, 93 N. C., 195; Blackwell v. McCaine, 105 N. C., 460; Warren v. Stancil, 117 N. C., 112. The appeal must be dismissed.\nDismissed.",
        "type": "majority",
        "author": "Montgomery, J.:"
      }
    ],
    "attorneys": [
      "Messrs. W. W. Jones and V. S. Lush, for plaintiffs (appellants).",
      "Messrs. Moore <& Moore and Shepherd <& Busbee, for defendants."
    ],
    "corrections": "",
    "head_matter": "MILTON HARDING, et al. v. JOHN HART, et al.\nInterlocutory Order \u2014 Practice\u2014Premature Appeal.\nUpon a reference under The Code the parties agreed that the referees should determine the case as arbitrators, but before the close of the evidence and before the award was made, the defendants served notice, in writing, revoking the agreement to arbitrate. The referees, nevertheless, ignoring the notice, made their award, to which defendants excepted. The court set aside the award and plaintiffs appealed ; Held, that the order was only interlocutory and the appeal was premature ; ; the plaintiffs should have excepted, and had their exceptions noted on the record, so that the whole matter might be brought up on appeal from the'final judgment.\nCivil aottoN, beard on motion to set aside an award of arbitrators before Robinson,, </., at December Term, 1895, of Buncombe Superior Court. His 'Honor granted the motion and plaintiffs appealed.\nMessrs. W. W. Jones and V. S. Lush, for plaintiffs (appellants).\nMessrs. Moore <& Moore and Shepherd <& Busbee, for defendants."
  },
  "file_name": "0839-01",
  "first_page_order": 875,
  "last_page_order": 876
}