Legal Opinion

Carsley v. Lindsay

California Supreme Court

Decided July 1, 1859PublishedCited by 14 opinions

Appeal from the First District. The parties, partners in the Salamander Iron Works, of Los Angeles, having disagreed as to the settlement of their affairs, on the 30th day of May, 1859, entered into the following submission : “This submission, made and entered into this 30th day of May, 1859, by and between E. B. Carsley and D. B. Lindsay, witnessed : Whereas, the said parties, on, or about, the 9th of September, 1858, made, and entered into, a copartnership, at said city of…

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Appeal from the First District. The parties, partners in the Salamander Iron Works, of Los Angeles, having disagreed as to the settlement of their affairs, on the 30th day of May, 1859, entered into the following submission : “This submission, made and entered into this 30th day of May, 1859, by and between E. B. Carsley and D. B. Lindsay, witnessed : Whereas, the said parties, on, or about, the 9th of September, 1858, made, and entered into, a copartnership, at said city of Los Angeles, which has continued up to the present time, being desirous of dissolving said partnership, are unable to…

1Opinion of the CourtBaldwin, J.

Differences having arisen between these parties, who had been partners in trade, a submission was made of these matters to an Arbitrator. This submission was filed in the office of the Clerk of the District Court. By the agreement, the award was to be made the order of Court. An award was made in favor of the Appellant here, and it was afterward entered by the Clerk of the *394Court, after notice to Respondent, upon the record, as a judgment.

Respondent subsequently, on motion, obtained an order of the Court vacating the award, upon certain grounds to be noticed hereafter, and an order was made…

2Cases cited2 opinions

  1. Muldrow v. NorrisCalifornia Supreme Court · 1852
  2. Heslep v. City of San FranciscoCalifornia Supreme Court · 1852

3Cited by14 opinions

  1. Moncharsh v. Heily & BlaseCalifornia Supreme Court · 1992
  2. Sapp v. BarenfeldCalifornia Supreme Court · 1949
  3. Utah Construction Co. v. Western Pacific Railway Co.California Supreme Court · 1916
  4. Popcorn Equipment Co. v. PageCalifornia Court of Appeal · 1949
  5. In Re FrickCalifornia Court of Appeal · 1933

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