Hall v. Morris
Texas Supreme Court
Appeal from Houston. The ease was tried before Hon. Reuben A. Reeves, one of the district judges. The plaintiff below sued the defendant for the value of a horse lost by the defendant as an inn-keeper. She plead an arbitration and award, in which the matter in controversy was submitted, and by them decided in favor of the defendant. The plaintiff filed several exceptions to the award, and also replied that it was founded in fraud.
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Appeal from Houston. The ease was tried before Hon. Reuben A. Reeves, one of the district judges. The plaintiff below sued the defendant for the value of a horse lost by the defendant as an inn-keeper. She plead an arbitration and award, in which the matter in controversy was submitted, and by them decided in favor of the defendant. The plaintiff filed several exceptions to the award, and also replied that it was founded in fraud. The exceptions seem not to have been considered by the court, and there was no proof of fraud. The court charged the jury to the effect,‘that unless the statutory…
1Opinion of the CourtWillie, J.
The award plead by defendant in the court below, in bar of the plaintiff’s right to recover, was, in our opinion, sufficiently regular to make it binding under the statute. Although it does not affirmatively appear that any day was assigned by the district clerk for the trial, yet the testimony shows that both parties were before the arbitrators when the matter was under investigation, and submitted their testimony in the case. The right to have a day assigned by the clerk for the trial, and that two days shall have elapsed between that day and the date of filing the agreement, may be waived…
2Cited by3 opinions
- Temple v. Riverland Co.Court of Appeals of Texas · 1921
- Alexander v. MulhallTexas Commission of Appeals · 1881
- Scott v. DyerTexas Supreme Court · 1884