Corbitt v. Nealy
Supreme Court of Iowa
Appeal from Des Moines District Court. Wednesday, August 31. The petition filed August 24, 1869, claims $400 upon contract. The answer, filed November 10, 1869, presents issues general and special in their nature.
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Appeal from Des Moines District Court. Wednesday, August 31. The petition filed August 24, 1869, claims $400 upon contract. The answer, filed November 10, 1869, presents issues general and special in their nature. On the 19th of that month the parties, in open court, filed their agreement'to submit to the subject matter of said action to arbitration, and it was then ordered, by consent, that certain persons, naming them, be appointed as arbitrators (sometimes called referees in the record) ; that, after qualifying, they should proceed to fix the day for the hearing, notifying the parties…
1Opinion of the CourtWright, J.
—The only point made here is, that the arbitrators did not proceed to hear the case within the time prescribed by statute ; that they, hence, had no jurisdiction or power to determine' the issues, and that the judgment based upon the return is therefore erroneous. Upon more than one ground, in view of the facts in this case, this position is not tenable. The statute relied upon is, that the order of reference shall direct when the referees shall proceed to a hearing, and, in the absence of such direction, they shall do so on the morning of the tenth day after the day on which was made the…
2Cases cited1 opinion
- McDaniels v. Van FosenSupreme Court of Iowa · 1860