Legal Opinion

Tucker v. Page

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 10 opinions

Writ of Error to the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, brought by Abner B. Page against James Tucker, upon an award of arbitrators. The proof of the submission and its terms was by parol evidence, there being no written submission.

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Writ of Error to the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, brought by Abner B. Page against James Tucker, upon an award of arbitrators. The proof of the submission and its terms was by parol evidence, there being no written submission. The following is a copy of the award: “We, the subscribers, appointed by the agreement of the within named parties, having notified and met with said parties, and heard their several allegations, proofs and arguments, and duly considered the same, do award and determine that Abner B. .Page…

1Opinion of the CourtJustice Scott

Liberal constructions should always be given to arbitrations. It is for the reason they are tribunals of the parties’ own choosing, and afford an expeditious mode, in many instances, of settling, with trifling expense, most complicated litigation. But, to prevent any abuse that might defeat the end to be attained, viz: the promotion of justice, certain fundamental principles should never be disregarded.

The general doctrine is, the award will be void, unless it comprehends all the matters submitted Avhich are named in the submission. But Avhere the submission is general, and an award of one or…

2Cases cited4 opinions

  1. Jackson ex dem. Van Alen & Van Alen v. AmblerNew York Supreme Court · 1817
  2. Henrickson v. ReinbackIllinois Supreme Court · 1864
  3. Hubbard v. FirmanIllinois Supreme Court · 1862
  4. Noyes v. McLaflinIllinois Supreme Court · 1872

3Cited by10 opinions

  1. Stearns v. CopeIllinois Supreme Court · 1884
  2. Snead & Co. Iron Works v. Merchants Loan & Trust Co.Illinois Supreme Court · 1907
  3. Taylor v. Scott, Foresman & Co.Appellate Court of Illinois · 1913
  4. City of Carlyle v. Village of BeckemeyerAppellate Court of Illinois · 1927
  5. Norman Kern & Co. v. McNabola (In Re McNabola)United States Bankruptcy Court, N.D. Illinois · 1984

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