Smith v. Smith
Illinois Supreme Court
This was an action of debt against Charles P. Smith, at the suit of Coonrod Smith. PTo pleadings in the cause. At October term, A. D. 1858, the following order was made by the court: . .'Coonrod Smith, ) VS. Charles P. Smith. ) This day came the parties and their attorneys, and by agreement on file it is ordered by the court that this suit be referred to John Lafferty, M. Hubboll and John Arnold, for arbitration and adjustment, and they to make out and file their report…
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This was an action of debt against Charles P. Smith, at the suit of Coonrod Smith. PTo pleadings in the cause. At October term, A. D. 1858, the following order was made by the court: . .'Coonrod Smith, ) VS. Charles P. Smith. ) This day came the parties and their attorneys, and by agreement on file it is ordered by the court that this suit be referred to John Lafferty, M. Hubboll and John Arnold, for arbitration and adjustment, and they to make out and file their report herein by the first day of the next term of this court, until which time this cause is continued:' At the June term of said…
1Opinion of the CourtBkeese, J.
Two questions are presented by this record. First, As to the authority of the court, when an award is set .aside, to remit the cause to the same arbitrators, against the protest and consent of one of the parties; and second, is intoxication of an arbitrator, while acting as snch, good ground for setting aside an award ?
Upon neither point have we any difficulty.
The record shows a case pending between these parties in the Circuit Court, and a submission by them under a rule of court, to three arbitrators. An award was made, which, for reasons shown, was set aside by the court, and, thereupon,…
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