Legal Opinion

Gear v. Bracken

Wisconsin Supreme Court

Decided July 15, 1842PublishedCited by 2 opinions

ERROR to the District Court for Iowa County. On the 6th day of September, 1839, Gear and Bracken entered into a written agreement, under seal, to submit the matters in difference between them, to the arbitration and award of the committee of awards of the Galena Chamber of Commerce for that njpnth (naming the committee in the agreement), “according to the rules and regulations of the aforesaid chamber of commerce, as provided by the rules, by-laws, and regulations thereof…

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ERROR to the District Court for Iowa County. On the 6th day of September, 1839, Gear and Bracken entered into a written agreement, under seal, to submit the matters in difference between them, to the arbitration and award of the committee of awards of the Galena Chamber of Commerce for that njpnth (naming the committee in the agreement), “according to the rules and regulations of the aforesaid chamber of commerce, as provided by the rules, by-laws, and regulations thereof and they executed each to the other a penal bond in the sum of $300 conditioned for the performance of the award when…

1Opinion of the CourtDunn, C. J.

This is an action of debt upon an arbitration bond, brought by the plaintiff, Gear, against the defendant, Braelcen, in the district court of Iowa county. At the April term, 1842, the defendant filed his general demurrer to plaintiff’s declaration, after oyer craved, and setting out the agreement to submit to arbitration, bond and award ; which demurrer was sustained by the court and judgment entered for the defendant. To the decision of the district court sustaining the demurrer, the plaintiff excepts, and prosecutes this writ of error to reverse the decision.

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2Cases cited1 opinion

  1. Dolph v. ClemensWisconsin Supreme Court · 1856

3Cited by2 opinions

  1. Consolidated Water Power Co. v. NashWisconsin Supreme Court · 1901
  2. Knickerbocker v. Beaudette Garage Co.Wisconsin Supreme Court · 1926

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