Bowman v. Downer
Supreme Court of Vermont
Assumpsit, upon a submission and award; and upon the general counts. Plea, the general issue, and the.statute of limitations; trial by jury, May Term, 1855, — Underwood, J., presiding, The plaintiff offered in evidence a submission, signed by the plaintiff and the defendant, which was as follows, viz. “ Solomon Downer v. John L. Bowman and Philander C. Brown. Windsor County Court, March Term, 1846. Action of ejectment.
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Assumpsit, upon a submission and award; and upon the general counts. Plea, the general issue, and the.statute of limitations; trial by jury, May Term, 1855, — Underwood, J., presiding, The plaintiff offered in evidence a submission, signed by the plaintiff and the defendant, which was as follows, viz. “ Solomon Downer v. John L. Bowman and Philander C. Brown. Windsor County Court, March Term, 1846. Action of ejectment. We hereby agree to submit the matters in controversy, in the above entitled suit, to ” * * * * * * * (naming the arbitrators, time and place of hearing, &c.) * * * « gai¿…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
This is an action of assumpsit on an award of arbitrators, and for money paid. In relation to the award, it appears that the arbitrators have allowed the sum of $115.26, as abalance *538due from Downer to the plaintiff. It is insisted that the hward iá void, as the arbitrators did not follow the submission, or finally determine the matters submitted to them. The award, on its face, purports to have been made by the arbitrators, after hearing the parties and considering the proofs, upon all the matters submitted to them. In the case of Houston v.…
2Cases cited1 opinion
- Hawley v. HodgeSupreme Court of Vermont · 1835
3Cited by6 opinions
- Bancroft v. GroverWisconsin Supreme Court · 1868
- Cochran v. ReichAppellate Terms of the Supreme Court of New York · 1897
- Jensen v. Deep Creek Farm & Live Stock Co.Utah Supreme Court · 1903
- Batchelder Brown v. Reynolds Admx.Supreme Court of Vermont · 1935
- Burnell v. EversonSupreme Court of Vermont · 1878
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