Opinion
03-20-1817
Manlove v. Thrift
May for the Appellant. Leigh for the Appellee.
In an action of slander brought by Robert Manlove against William Thrift, sen'r the parties, by an order of Court, referred the matter in controversy to John Pegram and Thomas Thweatt, whose award was to be made the Judgment of the Court. They afterwards signed and sealed a written agreement, purporting that, as Thomas Thweatt had refused to act as one of the referees, they requested Edward Pegram to serve, in his place, in conjunction with John Pegram, and bound themselves, their heirs, & c. to abide by their decision; and also agreed that their award should be entered as the Judgment of the Superior Court of Dinwiddie County in the suit then pending therein between them. John Pegram and Edward Pegram accordingly made up an award in writing, declaring that they had heard the parties, and their testimony, and awarded that the defendant pay to the plaintiff five hundred dollars. " Thereupon came the parties by their attornies, and the plaintiff moved the Court for Judgment on the award aforesaid, but the Court over-ruled the motion, because Edward Pegram was not appointed a referse under an order of the Court; but this Judgment was without prejudice to an action founded on the agreement and award." " From which Judgment the plaintiff appealed."
Appeal dismissed with Costs.
May for the Appellant.
Leigh for the Appellee.
The President pronounced the opinion of this Court.
OPINION
The Court has no doubt but that the Judgment of the Court below, refusing to enter Judgment pursuant to the award, is erroneous, on the principles settled by this Court in the case of Shermer v. Beale, 1 Wash. (VA) 11; but the appeal was prematurely allowed, as no final judgment was entered in the case. The Appeal is therefore dismissed with Costs, as having been prematurely granted.