Estice v. Cockerell
Mississippi Supreme Court
In error from the circuit court of Itawamba county; Hon. Hugh R. Miller, judge. This was a suit instituted in the circuit court of Itawamba county, at the April term, 1851, by Cockerell against Estice, for the rent of land, and, before the trial, the case was, by agreement of the parties on a rule of court, submitted to arbitrators who made an award in favor of the plaintiff (Cock-erell), and returned their award into court at the next term thereafter.
Read the full summary
In error from the circuit court of Itawamba county; Hon. Hugh R. Miller, judge. This was a suit instituted in the circuit court of Itawamba county, at the April term, 1851, by Cockerell against Estice, for the rent of land, and, before the trial, the case was, by agreement of the parties on a rule of court, submitted to arbitrators who made an award in favor of the plaintiff (Cock-erell), and returned their award into court at the next term thereafter. At the same term, Estice filed a petition and entered a motion on the docket to set aside the award, alleging that it was procured by undue…
1Opinion of the CourtJustice Handy
The defendant in error sued the plaintiff in error for rent of a-tract of land; and the matter was submitted to certain persons, as referees under the statute, with power to select an umpire in case of inability to agree upon Jheir award. The record shows that the four referees named in the submission, and another person, acted in the matter of the arbitration, and all signed the award; but it does not appear that the fifth person was selected in consequence of the inability of the others to agree. It appears that the party contesting the award was present during the time the arbitrators were…
2Cases cited1 opinion
- Rison v. BerryCourt of Appeals of Virginia · 1826
3Cited by1 opinion
- Mississippi Cotton Oil Co. v. BusterMississippi Supreme Court · 1904