R. King & Co. v. Grey
Texas Supreme Court
Appeal from Nueces. The case was tried before Hon. Benjamin F. Heal, one of the district judges. This case was commenced in the district court of Hu'eces county, by arbitration, under the statute. The right of appeal was not reserved.
Read the full summary
Appeal from Nueces. The case was tried before Hon. Benjamin F. Heal, one of the district judges. This case was commenced in the district court of Hu'eces county, by arbitration, under the statute. The right of appeal was not reserved. The agreement to arbitrate was filed October 20, 1866, and arbitration commenced on 5th December, 1866. The arbitrators disagreeing at the outset, and failing to agree upon an umpire, one was selected by the clerk, and he appeared and was sworn. The arbitrators and umpire adjourned from day to day till the 13th of December, when both parties announced themselves…
1Opinion of the CourtMorrill, C. J.
—We are called upon in the first place to decide whether there is such a final judgment as gives this court jurisdiction.
The judgment is as follows: “R. King & Co. v. E. N. Grey. This case coming on to be heard on petition of defendants to set aside the award, and the cause being heard, and the evidence being presented on said petition as well for the plaintiffs as defendant, and argument of counsel, and it appearing to the satisfaction of the court that the arbitrators in this cause were guilty of gross mistakes, both of law and fact, apparent on the face of their award, it is therefore…
2Cases cited2 opinions
- Crofoot v. AllenNew York Supreme Court · 1829
- Alexander v. LewisCourt of Appeals of Kentucky · 1858
3Cited by4 opinions
- National Tea Co. v. RichmondSupreme Court of Louisiana · 1989
- Brandon v. HinesDistrict of Columbia Court of Appeals · 1981
- Alexander v. MulhallTexas Commission of Appeals · 1881
- Brandon v. HinesDistrict of Columbia Court of Appeals · 1981