Davis v. Forshee
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. JOHN Gtll Shoetee. This action was brough by Underhill E. Davis, against Joseph Eorshee. The complaint contained all the common money counts, the amount claimed by the plaintiff being $1300. The defendant pleaded non assumpsit, payment and set-off.
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Appeal from the Circuit Court of Chambers. Tried before the Hon. JOHN Gtll Shoetee. This action was brough by Underhill E. Davis, against Joseph Eorshee. The complaint contained all the common money counts, the amount claimed by the plaintiff being $1300. The defendant pleaded non assumpsit, payment and set-off. At the spring term, 1858, the matters in controversy were submitted to arbitration; the entry on the minutes of the court being as follows: “By consent of the parties, this cause is submitted to arbitration ; E. H. Muse, the clerk of the court, to select the arbitrators, five in…
1Opinion of the CourtStone, J.
While a suit, in its ordinary form, is pending in the circuit court, the plaintiff may, at any time before verdict tendered, submit to a voluntary non-suit. When, however, the parties to a suit refer the settlement of the controversy to arbitrators, and such arbitrators make and return to the court their award, in conformity with the provisions of the Code, (pages 494-5,) a different rule prevails. An award made under these circumstances, if it comply substantially with the provisions of the statute, “must be entered up as the judgment of the proper court.” A plaintiff, in such ease, is not…
2Cases cited2 opinions
- Heydenfeldt v. TownsSupreme Court of Alabama · 1855
- King v. JemisonSupreme Court of Alabama · 1859
3Cited by7 opinions
- In re the Arbitration between Knickerbocker Textile Corp. & Sheila-Lynn, Inc.New York Supreme Court · 1939
- Nelson v. . R. R.Supreme Court of North Carolina · 1911
- Nelson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Edmundson v. WilsonSupreme Court of Alabama · 1895
- Pearson v. . BarringerSupreme Court of North Carolina · 1891
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