Caldwell v. Brooks Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by James Caldwell against the Brooks Elevator Company. Judgment for plaintiff. Defendant appeals. The arbitrators were not sworn according to § 5983, Rev. Codes, and therefore the award sued upon in this action is void and no judgment should have been entered upon it.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by James Caldwell against the Brooks Elevator Company. Judgment for plaintiff. Defendant appeals. The arbitrators were not sworn according to § 5983, Rev. Codes, and therefore the award sued upon in this action is void and no judgment should have been entered upon it. Wilkins v. Van Winkle, 3 S. E. Rep. 761. The statute is mandatory and failure of the .arbitrators to take the oath prescribed by this, section is jurisdictional and the award rendered void and" incapable of supporting a valid judgment. Combs v. Little, 3 Green, (N.…
1Opinion of the CourtMorgan, J.
This is an action upon an award found by arbitrators duly appointed by the parties in writing. The complaint alleges, in substance, as follows: that the plaintiff and defendant, on February 28, 1898, entered into an agreement in writing, which said agreement was set out in the complaint at length, being the submission of the differences of the parties to arbitration. Such agreement or submission recited that differences and disputes had arisen between the plaintiff and the defendant as to business matters pending between them; that the plaintiff claimed that the defendant was indebted to him…
2Cases cited7 opinions
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
- New York Lumber & Wood Working Co. v. SchniederNew York Court of Appeals · 1890
- Canfield v. Watertown Fire InsuranceWisconsin Supreme Court · 1882
- Goddard v. KingSupreme Court of Minnesota · 1889
- Day v. . HammondNew York Court of Appeals · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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