Anderson v. Miller
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Tried before the Hon. J. R. TysoN. Action by R. H. Miller against B. L. Anderson on an award.
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Appeal from the Circuit Court of Covington. Tried before the Hon. J. R. TysoN. Action by R. H. Miller against B. L. Anderson on an award. The complaint is as follows: . “The plaintiff claims of the defendant the sum of two hundred and ninety-six and 82-100 dollars, due by an award made by certain arbitrators, to-wit, J. W. Frater, J. I. Dixon, S. J. Foschee, on the 6th day of February, 1892, which said submission referred to said arbitrators matters in dispute between said plaintiff and defendant. Plaintiff claims interest on said award.” The defendant interposed pleas: (1) The general issue.…
1Opinion of the CourtHead, J.
When the plaintiff introduced in evidence, as a basis for the award upon which he sued, a submission to arbitration, which disclosed that the arbitrators were required to make an award in writing, under their hands and to deliver to the parties a copy thereof on or before the 15th day of February, 1892, it became necessary for him to establish, not only that an award had been made, but that a copy thereof had been delivered to the defendant within the time prescribed, unless it appeared the stipulation had been waived. It is perfectly competent for parties, who submit their differences to…
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