{
  "id": 1961140,
  "name": "JOHN MACKEY v. WILLIAM NEILL",
  "name_abbreviation": "Mackey v. Neill",
  "decision_date": "1860-12",
  "docket_number": "",
  "first_page": "214",
  "last_page": "216",
  "citations": [
    {
      "type": "nominative",
      "cite": "8 Jones 214"
    },
    {
      "type": "official",
      "cite": "53 N.C. 214"
    }
  ],
  "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": {
    "cardinality": 215,
    "char_count": 2590,
    "ocr_confidence": 0.412,
    "pagerank": {
      "raw": 1.2454039426516705e-07,
      "percentile": 0.6088810583165273
    },
    "sha256": "99d9ed60d64141f3b2bba774a069a9f17acb2ea74161b42a7749a7ca2049b8cc",
    "simhash": "1:e7e3cca0583e51fb",
    "word_count": 446
  },
  "last_updated": "2023-07-14T21:05:38.635812+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JOHN MACKEY v. WILLIAM NEILL."
    ],
    "opinions": [
      {
        "text": "Pearson, C. J.\nIt is a well settled rule of law, that all of the arbitrators must concur in making an award, unless it is provided otherwise by the terms of the submission, by inserting, \u201c Their award, or the award of any two of them, shall be binding, &c.,\u201d which is the usual form.\nNo authority was cited, and no reason was suggested, for disturbing this principle of the law, and it is not necessary to enter into a discussion of the subject.\nThere is no error.\nPer Curiam,\nJudgment affirmed.",
        "type": "majority",
        "author": "Pearson, C. J. Per Curiam,"
      }
    ],
    "attorneys": [
      "W. P. Galdwell, for the plaintiff.",
      "Mitchell, for defendant."
    ],
    "corrections": "",
    "head_matter": "JOHN MACKEY v. WILLIAM NEILL.\nAll the arbitrators must concur in making an award, unless it is provided otherwise by the terms of submission:.\nThis was an action of debt, upon an award, tried before Heath, J., at a Special Term, June, 186.0, of Iredell Superior Court.\nThe following is a copy of the submission r.\n\u201c State of North Carolina, 1 Iredell County. )\n<! Know all men by these presents, that we, William Neills and John MacKey, are held and firmly bound unto the State of North Carolina, in the sum of one thousand dollars, to the true and faithful payment whereof, we bind ourselves,, our-heirs, executors and administrators, jointly and severally, firmly by these presents, signed with our hands, and sealed \u2022with our seals.\n\u201cThe condition of this is such, that whereas the above bounden, William Neill and John MacKey, having selected John W. Long, William Niceler and Henry Cleninger, to settle a matter of controversy, in regard to the damages sustained by the said MacKey, in a piece of land, whereon W. T. Kerr now resides. Now, if the said parties abide by the decision of the above referees, this obligation to be void, otherwise to remain in full force and effect. Given under our hands and seals, this the 1st day of April, 1859.\nSigned, John MacKey, [8eali\\\nWilliam Neill, [8eal.~\\\u201d\nThe award fixed MacKey\u2019s damages at two hundred dollars, and was signed by only two of the arbitrators, viz': William Niceler and Henry Cleninger.\nIt was proved b3'\u2019 the plaintiff, that the other referee, to wit, John W. Long, who did not sign the award, was present at the arbitration, took part in the deliberations, but disagreed with the majority, in their finding, as to the amount.\nHis Honor was of opinion that the suit could not be sustained upon the award signed by two only, when the submission was to three, but reserved the question. Verdict for the plaintiff, subject to the question reserved. Afterwards, upon consideration, his Honor set aside the verdict, and directed a nonsuit to be entered. Plaintiff appealed.\nW. P. Galdwell, for the plaintiff.\nMitchell, for defendant."
  },
  "file_name": "0214-01",
  "first_page_order": 222,
  "last_page_order": 224
}