Missouri Bridge & Iron Co. v. Pacific Lime & Gypsum Co.
Supreme Court of Missouri
Appeal and writ of error from St. Louis City Circuit Court. — Eon. Wm. T. Jones and Eon. 'Rhodes E. Gave, Judges. (1) The purpose of our statute, requiring fifteen days’ notice before filing an award, is to give tbe defeated party a cbance to object, and may be waived. Sec. 603, R. S. 1919; 5 C. J. 239;, Brace v. Stacy, 56 Wis. 148. (2.) Tbe statute requiring fifteen days’ notice before filing tbe award in this case was waived by respondents: First.
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Appeal and writ of error from St. Louis City Circuit Court. — Eon. Wm. T. Jones and Eon. 'Rhodes E. Gave, Judges. (1) The purpose of our statute, requiring fifteen days’ notice before filing an award, is to give tbe defeated party a cbance to object, and may be waived. Sec. 603, R. S. 1919; 5 C. J. 239;, Brace v. Stacy, 56 Wis. 148. (2.) Tbe statute requiring fifteen days’ notice before filing tbe award in this case was waived by respondents: First. By tbe acknowledgment of “due service of sucb notice.” Second. By a general appearance in tbe same proceedings, and by filing therein a motion to…
1Opinion of the CourtWalker, J.
Each of these cases grows out of the same arbitration and involves the award of the same arbitrator. In April, 1914, the parties hereto entered into a contract of arbitration, and appointed Mr. C. B. Williams as arbitrator. In December, 1915, the arbitrator signed and published his award. In January, 1916, the Missouri Bridge & Iron Company filed said award in the Circuit Court of the City of Saint Louis; and on the same day said company filed its motion to confirm said award, together with the acknowledgments of the Pacific Lime & Gypsum Company and the Acme Cement Plaster Company of service…
2Cases cited7 opinions
- State ex rel. Iba v. MosmanSupreme Court of Missouri · 1910
- Padgett v. SmithSupreme Court of Missouri · 1907
- Pacific Lime & Gypsum Co. v. Missouri Bridge & Iron Co.Supreme Court of Missouri · 1920
- Trendley v. Illinois Traction Co.Supreme Court of Missouri · 1912
- Hodkins v. TaylorSupreme Court of Missouri · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Arbitration of Pope Construction Co. v. State Highway CommissionMissouri Court of Appeals · 1936