Barney v. Flower
Supreme Court of Minnesota
Thomas J. Barney, of the one part, and M. T. G. Flower and H. P. Winder of the other, entered into an agreement to submit to three arbitrators therein named all matters of dispute between them growing out of a lease of certain real estate from the former to the latter, the submission providing that, the award being made and reported to the district court for Bamsey county, final judgment should be entered thereon in that court.
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Thomas J. Barney, of the one part, and M. T. G. Flower and H. P. Winder of the other, entered into an agreement to submit to three arbitrators therein named all matters of dispute between them growing out of a lease of certain real estate from the former to the latter, the submission providing that, the award being made and reported to the district court for Bamsey county, final judgment should be entered thereon in that court. The arbitrators having made an award in favor of Barney, he moved for judgment thereon. The motion was opposed, but was granted by Simons, J., and judgment was…
1Opinion of the CourtGilfillan, C. J.
Of the many objections made by the appellant to the judgment appealed from we shall notice but one, as that is fatal to the judgment. The statute regulat*404ing the submission of controversies to arbitrators provides, (Gen. St. 1878, c. 89, § 3,) “The parties shall appear in person, or by their lawful agents or attorneys, before any justice of the peace, an'd shall there sign and acknowledge an agreement, in substance as follows: * * * ” Of the three persons entering into the agreement to submit to the arbitration, two only acknowledged before a justice of the peace, and they not before the same…
2Cases cited3 opinions
- Hagan v. BurchSupreme Court of Iowa · 1859
- Franklin Mining Co. v. PrattMassachusetts Supreme Judicial Court · 1869
- Gaines v. ClarkSupreme Court of Minnesota · 1876
3Cited by11 opinions
- In re the Arbitration between Kreiss & HotalingCalifornia Supreme Court · 1892
- Holdridge v. StowellSupreme Court of Minnesota · 1888
- Farmer v. Ames-Farmer Canning Co.Supreme Court of Iowa · 1920
- Boston Insurance Co. v. A. H. Jacobson Co.Supreme Court of Minnesota · 1948
- Schoenich v. American InsuranceSupreme Court of Minnesota · 1910
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