Strong v. Beroujon
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. Debt .on arbitration bond by the plaintiff against the defendant in error. The declaration counts on the penalty alone. The defendant craved oyer of the bond and condition, which being set out, he pleaded no award.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. Debt .on arbitration bond by the plaintiff against the defendant in error. The declaration counts on the penalty alone. The defendant craved oyer of the bond and condition, which being set out, he pleaded no award. The plaintiff replied a submission and award, oyer of which being craved by the defendant, they are set out as follows: “ Whereas a dispute and controversy has arisen and is still depending between Charles D. Strong for himself and as guardian of the heirs of Joseph Lemonier, deceased, of the one part, and…
1Opinion of the CourtParsons, J.
The replication states the submission and the award. 'The demurrer to the replication should have been sustained, if .there was a fatal defect in the submission or the award, apparent on their face. The plaintiff was a party in his own right and as guardian of the heirs of Joseph Lemonier, deceased, and the controversy submitted was in reference to certain property .embraced in a lease, which is described, and to ' its stipulations. By the award, as stated in the replication and-set out on oyer, the defendant was required to'deliver to the' *173plaintiff the possession of some real estate which…
2Cited by2 opinions
- Kelley v. AdamsIndiana Supreme Court · 1889
- Burns v. HendrixSupreme Court of Alabama · 1875