In re St. John's Guild

Appellate Division of the Supreme Court of New York

In re St. John's Guild

152 N.Y.S. 685

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 9, 1915

DocketNo. 7087

StatusPublished

This text of 152 N.Y.S. 685 (In re St. John's Guild) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re St. John's Guild, 152 N.Y.S. 685 (N.Y. Ct. App. 1915).

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Opinion

PER CURIAM.

[1] The objection that the arbitrators were not sworn is a fatal one, the oaths not having been waived in writing. Code [686]*686Civ. Proc. § 2369; Hinkle v. Zimmerman, 184 N. Y. 114, 76 N. E. 1080.

[2] The case appears to be a proper one, however, in which to direct a rehearing before the same arbitrators, as authorized by section 2374, Code Civ. Proc. Their failure to take the prescribed oaths did not, under the circumstances, indicate partiality or incompetence.

The order appealed from will therefore be modified accordingly, with $10 costs and disbursements to the appellant. Settle order on notice.

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PER CURIAM.

[1] The objection that the arbitrators were not sworn is a fatal one, the oaths not having been waived in writing. Code [686]*686Civ. Proc. § 2369; Hinkle v. Zimmerman, 184 N. Y. 114, 76 N. E. 1080.

[2] The case appears to be a proper one, however, in which to direct a rehearing before the same arbitrators, as authorized by section 2374, Code Civ. Proc. Their failure to take the prescribed oaths did not, under the circumstances, indicate partiality or incompetence.

The order appealed from will therefore be modified accordingly, with $10 costs and disbursements to the appellant. Settle order on notice.

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152 N.Y.S. 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-st-johns-guild-nyappdiv-1915.

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