Legal Opinion

Woodward v. Atwater

Supreme Court of Iowa

Decided June 15, 1856PublishedCited by 5 opinions

Appeal from the Marshall. District Court. This was a submission to arbitration by tbe following article: “ Marietta, January 7th, 1854. “We, Mablon "Woodward and Dewit C. Atwater, or Marshall county, Iowa, severally agree and -bjnd ourselves to arbitrate a matter of controversy relating to a certain piece of land in said'county.

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Appeal from the Marshall. District Court. This was a submission to arbitration by tbe following article: “ Marietta, January 7th, 1854. “We, Mablon "Woodward and Dewit C. Atwater, or Marshall county, Iowa, severally agree and -bjnd ourselves to arbitrate a matter of controversy relating to a certain piece of land in said'county. We have agreed on the following persons- as arbitrators in said case, to wit: Henry Crow, Martin Braddock, and David Macey, all of Marshall county; and also further agree that they will appear before Elias Walraven, acting justice of the peace, in said county, who…

1Opinion of the Court

Woodward, J»(1)

When parties endeavor to settle their differences without litigation, every court is predisposed to favor them in the attempt. Yet, when they come into court, some leading and important rules must be - observed. In whatever manner a controversy is to be settled, the subject matter of it must be ascertained and made definite. The only exception to this is, when the submission is of all matters in controversy between the parties, which would embrace each particular. In the case at bar, there is, in effect, *63nothing submitted by tbe words, “ a matter of controversy relating to a…

2Cited by5 opinions

  1. Brewer v. BainSupreme Court of Alabama · 1877
  2. McKinnis v. FreemanSupreme Court of Iowa · 1874
  3. Zook v. SpraySupreme Court of Iowa · 1874
  4. Alexander v. McNearUnited States Circuit Court · 1886
  5. Donican v. MulrySupreme Court of Iowa · 1886

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