Heglund v. Allen
Supreme Court of Minnesota
Appeal by Charles Heglund from a judgment of the district court for Goodhue county, Crosby, J., presiding, confirming an award of arbitrators upon a submission under Gen. St. 1878, c. 89. The case is stated in the opinion. The agreement extending the time in which to make the award was an enlargement of the submission and a material alteration. The award is therefore void, the submission not having been made in conformity with the statute.
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Appeal by Charles Heglund from a judgment of the district court for Goodhue county, Crosby, J., presiding, confirming an award of arbitrators upon a submission under Gen. St. 1878, c. 89. The case is stated in the opinion. The agreement extending the time in which to make the award was an enlargement of the submission and a material alteration. The award is therefore void, the submission not having been made in conformity with the statute. Barney v. Flower, 27 Minn. 403; Franklyn Mining Co. v. Pratt, 101 Mass. 359; Evans v. Thompson, 5-East, 189; George v. Farr, 46 N. H. 171; Broiun v. Copp,…
1Opinion of the CourtG-ileillaN, C. J.
May 12, 1881, these parties, pursuant to the statute, and by an instrument duly executed and acknowledged before a justice of the peace, submitted a controversy between them to three arbitrators, the award of whom, or the greater part of whom, was to be filed within twenty days from that date. May 17th, by an instrument in writing signed by them but .acknowledged before a notary public only, they agreed that the time to make the award should be extended to July 12th then following. The three arbitrators were duly sworn, and July 2d two of them made an award, which was filed in the district…
2Cases cited3 opinions
- Barney v. FlowerSupreme Court of Minnesota · 1881
- Gaines v. ClarkSupreme Court of Minnesota · 1876
- Lewis v. PrattSupreme Court of Minnesota · 1865
3Cited by2 opinions
- Zelle v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1954
- EEC Property Co. v. KaplanCourt of Appeals of Minnesota · 1998