Yeatman v. Mattison
Supreme Court of Alabama
APPEAL from the Circuit Court of Calhoun. Tried before the Hon. W. L. WHITLOCK. The plaintiff, Samuel Yeatman, brought suit to the fall term, 1872, of the Circuit Court of Calhoun county, against the defendant, George E. Mattison, to recover a sum of money due on a promissory note made by the defendant.
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APPEAL from the Circuit Court of Calhoun. Tried before the Hon. W. L. WHITLOCK. The plaintiff, Samuel Yeatman, brought suit to the fall term, 1872, of the Circuit Court of Calhoun county, against the defendant, George E. Mattison, to recover a sum of money due on a promissory note made by the defendant. To the complaint the defendant pleaded, in short, by consent, “first, failure of consideration; second, fraud; third, that the defendant made the note payable to the plaintiff at the request of W. T. Yeatman, and that no consideration for the note passed from the plaintiff to said W. T.…
1Opinion of the Court
STONE, J.—
When the award was rendered in the case of W. T. Yeatman v. Mattison, it settled and determined not only the matter of plaintiff's claim in that suit, but the costs incurred therein. The submission was regular, and the award responded to every material question embraced in the reference. It was, as to the matter submitted, as conclusive upon the parties, as a judgment of a court would have been, until assailed and set aside for one of the few grounds on which awards may be assailed.—See Brewer v. Baine, at the present term. There is nothing in this record which shows an attempt to…
2Cited by5 opinions
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