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· 7/28/1916

Dickie Manufacturing Co. v. Sound Construction & Engineering Co.

Citations

  • 92 Wash. 316
  • 159 P. 129
  • 1916 Wash. LEXIS 761

Syllabus

<p>Arbitration and Award — Cancellation of Judgment — Actions. An action to cancel a judgment upon an arbitration and award cannot be maintained upon allegations of unfairness, prejudice and manipulation or other grounds that could have been reached by statutory exceptions on the trial before the arbitrators, under Rem. & Bal. Code, § 420 et seg., where exceptions were wholly omitted and no relief sought under the statute.</p> <p>Same. Under Rem. & Bal. Code, § 420 ei seg., common law arbitration no longer exists, the statute not recognizing the right to revoke the award, or to bring suit to cancel it or proceedings to ignore it, but on the contrary providing for internal review by exceptions.</p> <p>Same — Setting Aside — Action. Failure to use “expedition” in an arbitration trial, as agreed upon, is not ground for an action to set aside judgment on the award; since the objection could be raised by exceptions in the arbitration proceedings.</p>

Judges: Bausman, Ellis, Holcomb, Morris, Parker

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