Shelbina Hotel Ass'n v. Parker
Supreme Court of Missouri
Appeal from Shelby Circuit Court, I. The judgment of the court ou the award is a complete bar to plaintiff’s action herein: 1st — Said judgment had the same force and effect that a judgment in an action of debt upon the award would have had. (Wagn. Stat., p. 145, § 17; G. Stat., ch. 198, § 17.) Any matter which at law or in equity would constitute a defense to an action on the award, might have been set up in the proceeding under the statute by motion.
Read the full summary
Appeal from Shelby Circuit Court, I. The judgment of the court ou the award is a complete bar to plaintiff’s action herein: 1st — Said judgment had the same force and effect that a judgment in an action of debt upon the award would have had. (Wagn. Stat., p. 145, § 17; G. Stat., ch. 198, § 17.) Any matter which at law or in equity would constitute a defense to an action on the award, might have been set up in the proceeding under the statute by motion. (Field vs. Oliver, 43 Mo., 201.) Nor does it admit of doubt that, under our practice, any state of facts which in equity would be ground for…
1Opinion of the CourtSherwood, Judge
The judgment in this case must be reversed on two grounds:-
First, the petition which seeks to recover $172.80, from the defendant, on account of a mistake made to that extent by the arbitrators, who were selected by the parties to settle a question of difference between them respecting the building of a hotel for the plaintiff by the defendant, and the amount of money yet remaining unpaid to him on the contract, shows Upon its face, that the plaintiff 'was made aware of the mistake by the arbitrators, soon after they had signed and before they had delivered their award, and that,…
2Cases cited9 opinions
- Aurora City v. WestSupreme Court of the United States · 1869
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Miles v. CaldwellSupreme Court of the United States · 1865
- Smith v. LewisNew York Supreme Court · 1808
- Peck v. WoodbridgeU.S. Circuit Court for the District of Connecticut · 1808
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Donnell v. WrightSupreme Court of Missouri · 1899
- Hamilton v. McLeanSupreme Court of Missouri · 1897
- Spratt v. EarlySupreme Court of Missouri · 1906
- St. Louis, Cape Girardeau & Fort Smith Railway Co. v. HolladaySupreme Court of Missouri · 1895
10 more not listed; retrieve them via the Exa API.