{
  "id": 8622601,
  "name": "RODOLPH SIMMONS and wife, BONNIE DELL SIMMONS v. PAUL WILLIAMS and wife, GLADIE WILLIAMS",
  "name_abbreviation": "Simmons v. Williams",
  "decision_date": "1959-10-14",
  "docket_number": "",
  "first_page": "83",
  "last_page": "84",
  "citations": [
    {
      "type": "official",
      "cite": "251 N.C. 83"
    }
  ],
  "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": [],
  "analysis": {
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    "char_count": 2900,
    "ocr_confidence": 0.474,
    "pagerank": {
      "raw": 9.505882454708161e-08,
      "percentile": 0.5230942035616748
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    "sha256": "23ae13264ada05c86da26ce8b3566bd33491879119d4b3e703bc35f6a7dbe238",
    "simhash": "1:1df7e22f3efe1c82",
    "word_count": 464
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  "last_updated": "2023-07-14T17:26:21.126874+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "HiggiNS, J., not sitting."
    ],
    "parties": [
      "RODOLPH SIMMONS and wife, BONNIE DELL SIMMONS v. PAUL WILLIAMS and wife, GLADIE WILLIAMS."
    ],
    "opinions": [
      {
        "text": "Per Curiam:\nIn the light of the factual situation hereinbefore set forth it appears that the parties have by consent agreement charted the course and, in the absence of fraud or mutual mistake, the award made pursuant to the agreement of the parties is final and binding.\nHence the judgment below is\nAffirmed.\nHiggiNS, J., not sitting.",
        "type": "majority",
        "author": "Per Curiam:"
      }
    ],
    "attorneys": [
      "Beasley & Stevens for plaintiffs, appellees.",
      "William F. Simpson for defendants, appellants."
    ],
    "corrections": "",
    "head_matter": "RODOLPH SIMMONS and wife, BONNIE DELL SIMMONS v. PAUL WILLIAMS and wife, GLADIE WILLIAMS.\n(Filed 14 October, 1959.)\n1. Arbitration and Award \u00a7 7\u2014\nAn award of an arbitrator made in conformity with and pursuant to tbe agreement of tbe parties is conclusive and binding in tbe absence of fraud or mutual mistake.\nHiggins, J., not sitting.\nAppeal by defendants from Mintz, J., at April, 1959 Term, of Duplin.\nCivil action commenced by plaintiffs in Superior Court of Duplin County, North Carolina, for the purpose of restraining defendants from entering or trespassing upon lands alleged to b\u00e9 owned by plaintiffs, and to recover damages for wrongful destruction of plaintiffs\u2019 wire fence. The defendants, answering, denied the material allegations of plaintiffs\u2019 complaint.\nAnd the record shows-that thereafter the parties and their\u2019respective attorneys of record entered into agreement, in writing and by consent, wherein both parties, desiring that the matters in controversy be terminated and their differences and contentions be. settled, agreed that one J. W. Waters, in whose judgement they had utmost confidence, should go upon the lands in controversy and establish the boundary between the lands of the parties and determine, the amount of damages to be assessed against either party as. hi his judgment he deemed just and proper, \u2014 both parties agreeing to be bound by the determination of the said J. W. Waters, and to truly execute judgment, by consent, embodying such determination. . . \u25a0 \u2022 \u25a0\nIt appe\u00e1rs of record that pursuant thereto J. W. ';ers made determination and report, to which defendants filed, objection. \u2022 But upon hearing before Judge of Superior Court, attorney for defendants stated in open court that defendants did not desire to attack the report of the said J. W. Waters on either the grounds of fraud, or of mutual mistake, and did not -have, or intend to offer,- evidence of either.\nAnd upon facts found the Judge presiding concluded -that the motion -and objection of defendants be denied and dismissed; \u25a0 and that the Said-report of J. W. Waters be in all respects approved,'confirmed and declared .to'-be valid and enforceable as between the parties t-here^ to, :\u00e1nd-th\u00e1t\u2018 it- b\u00e9 certified by the Clerk of Superior Court \u00f3f Duplin County to the Register of Deeds of Duplin County and enrolled-,\u25a0 recorded, and indexed in the Registry in the manner provided by law. Defendants except thereto and appeal to Supreme Court, and assign error.\nBeasley & Stevens for plaintiffs, appellees.\nWilliam F. Simpson for defendants, appellants."
  },
  "file_name": "0083-01",
  "first_page_order": 127,
  "last_page_order": 128
}