Warren v. Tinsley
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United State for the Northern District of Texas. In Equity. Suit by Thomas Tinsley against Henry M. Warren and others to foreclose a deed of trust to secure the payment of money. By a stipulation filed by the parties the controversy was submitted to arbitration in the manner provided by the Texas statute.
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Appeal from the Circuit Court of the United State for the Northern District of Texas. In Equity. Suit by Thomas Tinsley against Henry M. Warren and others to foreclose a deed of trust to secure the payment of money. By a stipulation filed by the parties the controversy was submitted to arbitration in the manner provided by the Texas statute. The award of the arbitrators having been filed, plaintiff moved to set the same aside, which motion, after a hearing, was granted, and a decree entered in favor of plaintiff. A rehearing was subsequently denied, and thereupon defendants appealed to this…
1Opinion of the Court
PARDEE, Circuit Judge,
(after stating the facts.) The appellants contend in this court that they are entitled to a decree enforcing the award of the arbitrators, and, if this cannot be granted, then to a decree dismissing the bill upon the merits of the case. The written agreement to arbitrate provides that the submission and arbitration proceedings should be under the law in such case made and provided hy the statutes of the state of Texas. The evidence in the case establishes that the arbitrators and the umpire were not sworn until after hearing and deciding the case; also that after the…
2Cases cited6 opinions
- Forshey v. G. H. & H. RailroadTexas Supreme Court · 1856
- Lutz v. LinthicumSupreme Court of the United States · 1834
- Elmendore v. HarrisCourt for the Trial of Impeachments and Correction of Errors · 1840
- Alexander v. CunninghamIllinois Supreme Court · 1884
- Falconer v. MontgomerySupreme Court of the United States · 1802
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Continental Ins. v. GarrettCourt of Appeals for the Sixth Circuit · 1903
- Citizens Bldg. of West Palm Beach, Inc. v. Western Union Tel. Co.Court of Appeals for the Fifth Circuit · 1941
- Seldner Corporation v. WR Grace & Co.District Court, D. Maryland · 1938