Waring & Co. v. Gilbert & Bro.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. JOHN A. Cuthbert, Gilbert & Bro. recovered a judgment against Waring & Co., before a justice of the peace, for $15 60, from which the defendants appealed to the Circuit Court, where the plaintiffs filed a statement claiming $23, at the return term of the appeal in November, 1850. At the same term an order was made, by consent, referring the case, to arbitration, but the names of the arbitrators were left blank.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. JOHN A. Cuthbert, Gilbert & Bro. recovered a judgment against Waring & Co., before a justice of the peace, for $15 60, from which the defendants appealed to the Circuit Court, where the plaintiffs filed a statement claiming $23, at the return term of the appeal in November, 1850. At the same term an order was made, by consent, referring the case, to arbitration, but the names of the arbitrators were left blank. The case seems to have been regularly continued until the Spring term, 1853, when an award was made by three persons, who…
1Opinion of the Court
CHILTON, C. J. —
A motion is made in this case, to strike from the record that portion of it which appears to h£ve been copied from the motion docket by the clerk, and which is a transcript of a motion made by the counsel for the defendants in error to set aside the award which had been made, and stating the reasons upon which it was predicated. Although we see no injury which can result to the plaintiff from its insertion, inasmuch as the motion is fully set out in the entry overruling it, yet, as a matter of practice, it is proper we decide upon it.
The motion docket is no part of the…
2Cases cited1 opinion
- Vaughan v. RobinsonSupreme Court of Alabama · 1852
3Cited by6 opinions
- Ex parte WattersSupreme Court of Alabama · 1913
- Ewing v. WoffordSupreme Court of Alabama · 1898
- Farmer v. WilsonSupreme Court of Alabama · 1859
- Lienkauff & Strauss v. Tuskaloosa Sale & Advancing Co.Supreme Court of Alabama · 1892
- Brooks v. CarterSupreme Court of Alabama · 1860
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