McKinney v. Western Stage Co.
Supreme Court of Iowa
Appeal from the Davis District Court. These parties submitted a certain controversy, in which, the plaintiff claimed damages for injuries resulting to his wife, by reason of the upsetting of the defendant’s coach, to arbitrators.
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Appeal from the Davis District Court. These parties submitted a certain controversy, in which, the plaintiff claimed damages for injuries resulting to his wife, by reason of the upsetting of the defendant’s coach, to arbitrators. The submission reads as follows: “Know all men by these presents, that whereas Solomon McKinney and the Western Stage Company, acting by their agent, 0. Puller, have this day agreed to submit the following matters in controversy between them, to the arbitration of Martin Suoddy, M. J. French, and 0. D. Tisdale, to wit: McKinney claims of the said Western Stage…
1Opinion of the CourtWright, C. J.
Several errors are assigned, which are not urged in tbe argument. We shall content ourselves *423■with disposing of those thus urged. They are, first, that the court erred in dismissing the writ of error; and second, in rendering a judgment in favor of Solomon McKinney, for injuries to the person of his wife, without her being joined in the action.
So far as the writ of error sought to have the court investigate any error'in fact committed by the arbitrators, it was clearly not the proper remedy. Their award was not a judgment of the District Court; and it is only an error in fact committed by…
2Cases cited2 opinions
- Barnes v. HurdMassachusetts Supreme Judicial Court · 1814
- Lewis v. BabcockNew York Supreme Court · 1821
3Cited by17 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- Berger v. WeberMichigan Supreme Court · 1981
- Weitl v. MoesSupreme Court of Iowa · 1981
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1899
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