Wilbourn v. Hurt
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. John Mooee. A controvery existed between the parties to this appeal and by a written agreement signed and sealed by the parties all the matters in controversy were submitted to arbitration under section 509 to 523 of the Code of 1896. The parties appeared before the arbitrators, evidence was heard and the arbitrators rendered an award in writing signed by each of them awarding the sum of fifty dollars as due from…
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Appeal from the Circuit Court of Perry. Tried before the Hon. John Mooee. A controvery existed between the parties to this appeal and by a written agreement signed and sealed by the parties all the matters in controversy were submitted to arbitration under section 509 to 523 of the Code of 1896. The parties appeared before the arbitrators, evidence was heard and the arbitrators rendered an award in writing signed by each of them awarding the sum of fifty dollars as due from S.E. Wilbourn to J. W. Hurt. The submission in writing and the written award of the arbitrators were filed in the office…
1Opinion of the Court
McCLELLAN, C. J. —
The law favors, - and, by express statute, it is made the duty of courts to encourage tlie settlement of controversies by reference thereof to arbitrators chosen by the parties. — Code, § 508. The theory upon which tlie law and courts encourage such settlements is that they facilitate and expedite the adjustment of disagreements between citizens, they save the time of the courts and the costs of regular judicial proceedings, and, being made pursuant to the agreement of tlie parties and by persons of their own selection, they are likely to be more satisfactory to all…
2Cases cited5 opinions
- Boyden v. LambMassachusetts Supreme Judicial Court · 1890
- Wright v. BoltonSupreme Court of Alabama · 1845
- Davis v. LeedsSupreme Court of Louisiana · 1834
- Dibble v. CampNew York Supreme Court · 1871
- Whitis v. CulverSupreme Court of Iowa · 1868
3Cited by7 opinions
- Birmingham News Co. v. HornSupreme Court of Alabama · 2004
- Fuerst v. EichbergerSupreme Court of Alabama · 1931
- Moss v. UpchurchSupreme Court of Alabama · 1965
- Opinion of the ClerkSupreme Court of Alabama · 1981
- Credigy Receivable, Inc. v. DayCourt of Civil Appeals of Alabama · 2008
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