Bullock v. Mason
Supreme Court of Alabama
Appeal from Andalusia City Court. Heard before Hon. Ed. T. Albritton. Assumpsit by J. A. Mason against J. B. Bullock. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Acts 1191, p. 449. • The action is on the common counts, founded on claims for compensation for cutting and hauling logs for defendant, and for merchandise and board furnished to defendant’s servant.
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Appeal from Andalusia City Court. Heard before Hon. Ed. T. Albritton. Assumpsit by J. A. Mason against J. B. Bullock. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Acts 1191, p. 449. • The action is on the common counts, founded on claims for compensation for cutting and hauling logs for defendant, and for merchandise and board furnished to defendant’s servant. The amount claimed was $300, and the recovery, was for $3, whereupon defendant moved the court to set aside the-verdict and judgment and dismiss the suit under the provisions of…
1Opinion of the Court
SOMERVILLE, J.—(1) On a former appeal of this case a judgment for defendant was reversed because of the erroneous assumption by the trial court that the plea of arbitration and award was conclusively established by the evidence. — Mason v. Bullock, 6 Ala. App. 141, 60 South. 432. The principles of law relating to common-law arbitration and award, and the right of either party to revoke the submission before final award, are there clearly defined, and we need not repeat the discussion.
It appears on this appeal that plaintiff declined to further participate in the arbitration proceedings, and…
2Cases cited4 opinions
- Williams v. Branning Manufacturing Co.Supreme Court of North Carolina · 1910
- Ramsey v. StrobachSupreme Court of Alabama · 1875
- First National Bank v. PinsonSupreme Court of Alabama · 1894
- Mason v. BullockAlabama Court of Appeals · 1912
3Cited by4 opinions
- Ex Parte Birmingham Fire Ins. Co.Supreme Court of Alabama · 1937
- Alabama Great Southern R. Co. v. LawlerSupreme Court of Alabama · 1925
- Barton v. Automobile InsuranceMassachusetts District Court, Appellate Division · 1940
- Saba v. Homeland Ins. Co. of AmericaOhio Supreme Court · 1953