Harker v. Hough

Per Curiam. The matter set forth in the defendant’s plea is a conclusive bar to the action. On a demurrer, the fact must be presumed as pleaded; and, if so, there cannot remain a doubt that the award is a nullity, and that the defendant has availed himself of the defect in a legal manner. There must be judgment for the plea. Judgment for defendant.† Footnotes [†] See Richards v. Drinker, 1 Halst, 307; 36 East's Rep. 58; Cald. on Arb. 201.