Henry v. Porter
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKihstby. This action was brought by George G. Henry against Sidney D. Porter, to recover a sum of money which was alleged to be due on open account, on an account stated, and for money loaned.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKihstby. This action was brought by George G. Henry against Sidney D. Porter, to recover a sum of money which was alleged to be due on open account, on an account stated, and for money loaned. The defendant pleaded, among other things, “ that since the last continuance of this suit, at the June term, 1854, the plaintiff and defendant, by a submission in writing, submitted the matters in controversy in this suit to the arbitrament and award of Wm. J. Ledyard, 0. J. McRae and Daniel McNeill, referees by them chosen; and that…
1Opinion of the CourtStone, J.
How far the act of submitting matters in dispute to arbitration, affects a pending action for the same subject-matter, is a question on which the authorities do not agree. We apprehend, however, that none of them, when properly considered, will sustain the judgment rendered in this case-by the city court of Mobile.
In New York, it is decided, in a long train of adjudications, that if a suit is pending, and the parties agree to submit to arbitration the matters in litigation between them, and there is no agreement that the award may be made the judgment of the court; such submission alone…
2Cases cited7 opinions
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Green v. PatchinNew York Supreme Court · 1835
- Jesse v. CaterSupreme Court of Alabama · 1856
- Burns v. HindmanSupreme Court of Alabama · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Black v. WoodruffSupreme Court of Alabama · 1915
- Campbell v. CampbellCourt of Appeals for the D.C. Circuit · 1915