Ives v. Ashelby
Appellate Court of Illinois
1st error to the Circuit Court of Morgan County; the Hon. Cyrus Euler, Judge, presiding. The plaintiff in error filed her bill in the Circuit Court of Morgan County against the defendant in error, seeking a settlement of the partnership accounts of the firm of Ashelby & Company, a firm composed of defendant in error and Charles L. Ives, the deceased husband of plaintiff in error The firm was formed in November, 1875, and continued till the death of Mr. Ives in March, 1879.…
Read the full summary
1st error to the Circuit Court of Morgan County; the Hon. Cyrus Euler, Judge, presiding. The plaintiff in error filed her bill in the Circuit Court of Morgan County against the defendant in error, seeking a settlement of the partnership accounts of the firm of Ashelby & Company, a firm composed of defendant in error and Charles L. Ives, the deceased husband of plaintiff in error The firm was formed in November, 1875, and continued till the death of Mr. Ives in March, 1879. The defendant in error, by his answer, admitted the fact of partnership; denied that the profits were to be equally…
1Opinion of the CourtWall, J.
The decree was based upon the award, and the objection is that the award should have been set aside because the arbitrators exceeded the authority conferred upon them by the submission.
It was not urged in the court below, nor is it here, that there was any impropriety in submitting the controversy to arbitration, and the only point we are to consider in this connection is whether the award is within the terms of the submission.
The bill was filed three years or more after the death of Ives, and prayed for a settlement of all matters growing out of the business during the existence of the firm,…
2Cases cited2 opinions
- Toupin v. GargnierIllinois Supreme Court · 1850
- Coultas v. GreenIllinois Supreme Court · 1867