Gardner v. Newman
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hou. A. II. Alston. Action by W. L. Newman against H. M. Gardner on the common counts. The opinion sufficiently shoAvs the averments of the pleas and replications.
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Appeal from the Circuit Court of Blount. Tried before the Hou. A. II. Alston. Action by W. L. Newman against H. M. Gardner on the common counts. The opinion sufficiently shoAvs the averments of the pleas and replications. From a judgment for plaintiff the defendant appeals: • Every reasonable presumption will be made for the purpose of upholding the validity of an aAvard, so as to give it effect and accomplish the ends of justice. — Wood v. Trevelin, 74 Wis. 557; Bancroft v. Grover, 28 Wis. 463; Crook v. Chambers, 40 Ala. 239. ' The submission was sufficiently definite as to the matters to be…
1Opinion of the CourtDowdell, J.
When parties submit matters in controversy to arbitration, and an award is made pursuant to the agreement of submission, such award is final, unless the arbitrators are guilty of fraud, partiality, or corruption in making it. And like a judgment or decree of a court, it may be pleaded in bar of a subsequent suit founded on the same claim or demand.—Burrus v. Meadows, 90 Ala. 140; Brewer v. Bain, 60 Ala. 153; Yeatman v. Mattison, 59 Ala. 382; Reynolds v. Roebuck, 37 Ala. 408; Willingham v. Harrell, 36 Ala. 583; McRae v. Buck, 2 Stew. & Port. 155. And this is true whether the award is made on…
2Cases cited5 opinions
- Brewer v. BainSupreme Court of Alabama · 1877
- Burrus v. MeadorsSupreme Court of Alabama · 1890
- Yeatman v. MattisonSupreme Court of Alabama · 1877
- Reynolds v. RoebuckSupreme Court of Alabama · 1861
- Willingham v. HarrellSupreme Court of Alabama · 1860
3Cited by6 opinions
- Fuerst v. EichbergerSupreme Court of Alabama · 1931
- Glens Falls Ins. Co. of New York v. GarnerSupreme Court of Alabama · 1934
- N. P. Sloan Co. v. Standard Chemical & Oil Co.Court of Appeals for the Fifth Circuit · 1918
- Rhodes v. FolmarSupreme Court of Alabama · 1922
- Smith-Schultz-Hodo Realty Co. v. Henley-Spurgeon Realty Co.Supreme Court of Alabama · 1932
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