The practice never has been to waif for exceptions against air award. The party is present at the examination by the arbitrators — be is notified (if the time — lie may apply at the ultimate time appointed for its delivery or publication, and know the contents — he is or ought to he in court attending on his suit, and may except to any thing improper, if Mr. Williams will now •make any exceptions, we will hear them, and if proper, give time to support them ; but we will not wait for the party to make exceptions. No exceptions being made, there was a decree according to the award.
Southerland v. Mallett, 2 N.C. 532, 1 Hayw. 532 (1797)
April 1797
·
North Carolina Superior Court
2 N.C. 532, 1 Hayw. 532
Southerland v. Mallett.
A decree will be entered on an award, -at the term to which it is returned, if no exceptions to the award be made at that time.
This wás a suit in Equity, and all matters in dispute had been referred to arbitrators, who made an award in favor of Complainant — who now moved for a decree according-to the terms of the submission. Williams, e contra — A decree cannot now be entered on the award, fot? it was only returned to this term. The Defendant is absent, has not been served with the award, and has had no opportunity to except. Davie was stopped by the court.