N. P. Sloan Co. v. Standard Chemical & Oil Co.
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Middle District of Alabama; Henry D. Clayton, Judge. Action by the N. P. Sloan Company against the Standard Chemical & Oil Company. Judgment for defendant, and plaintiff brings error. This was an action by the plaintiff in error against the defendant in error. The sustaining of a demurrer to counts 5 and 6 of the complaint as amended is assigned as error.
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In Error to the District Court of the United States for the Middle District of Alabama; Henry D. Clayton, Judge. Action by the N. P. Sloan Company against the Standard Chemical & Oil Company. Judgment for defendant, and plaintiff brings error. This was an action by the plaintiff in error against the defendant in error. The sustaining of a demurrer to counts 5 and 6 of the complaint as amended is assigned as error. The following is a copy of count 5 as amended: “5. Plaintiff further claims of the defendant the further sum of $9,163.74, . with interest thereon from the 8th day of August, 1916,…
1Opinion of the CourtWalker, Circuit Judge
(after stating the facts as above). The only ground stated in the demurrers to counts 5 and 6 of the complaint as amended was that—
“The alleged award therein counted on is null and void, because the alleged agreement to refer said matters to said arbitration was null and void as an attempt to oust the jurisdiction of the courts.”
That demurrer raised no question of the sufficiency of the allegations of the complaint as to the existence of a difference or dispute between tire parties or as to the submission by them of that dispute or difference to the committee mentioned for arbitration. Nor…
2Cases cited3 opinions
- Bernhardt v. CurtisSupreme Court of Louisiana · 1902
- Williams v. Branning Manufacturing Co.Supreme Court of North Carolina · 1911
- Gardner v. NewmanSupreme Court of Alabama · 1902
3Cited by6 opinions
- Rueda v. Union Pacific Railroad Co.Oregon Supreme Court · 1946
- Wabash Ry. Co. v. American Refrigerator Transit Co.Court of Appeals for the Eighth Circuit · 1925
- Sverdrup Corporation v. Whc Constructors, Incorporated, and Century Iii, IncorporatedCourt of Appeals for the Fourth Circuit · 1993
- Livingston v. Shreveport-Texas League Baseball Corp.District Court, W.D. Louisiana · 1955
- Standard Chemical & Oil Co. v. N. P. Sloan Co.Court of Appeals for the Fifth Circuit · 1920
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