McCrary v. Harrison
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hou. Nat. Cooe. The parties to this ease, P. R. McCrary and L. C, Harrison, having a controversy respecting the settlement of a mercantile partnership which had existed between them, entered into a written agreement, under seal, dated the 23d September, 1857,. to submit the matters in dispute to the arbitrament of R. A. Baker, B. J. Harrison, and R. H. Crosswell; the award to be entered up as the judgment of the…
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Appeal from the Circuit Court of Dallas. Tried before the Hou. Nat. Cooe. The parties to this ease, P. R. McCrary and L. C, Harrison, having a controversy respecting the settlement of a mercantile partnership which had existed between them, entered into a written agreement, under seal, dated the 23d September, 1857,. to submit the matters in dispute to the arbitrament of R. A. Baker, B. J. Harrison, and R. H. Crosswell; the award to be entered up as the judgment of the circuit court, under the provisions of the Code. Two of the arbitrators having made an award, the same was filed in the…
1Opinion of the Court
A. J. WALKER, C. «T.
No final decision was made by the arbitrators on the 14th December, 1857. The, conclusion then expressed, after examination of the papers submitted, was expressly made subject to future alterations, upon the suggestion of errors by the-parties. It was not an award. There was an express reservation of authority over the subject of arbitration. The matter remained sub judice. A valid award must finally dispose of the questions submitted. The reservation of authority by arbitrators is inconsistent and irreconcilable with the idea of an award. — Watson on Awards, 216, 230 ;…
2Cases cited2 opinions
- Short v. PrattMassachusetts Supreme Judicial Court · 1810
- Tuskaloosa Bridge Co. v. JemisonSupreme Court of Alabama · 1859
3Cited by8 opinions
- Hooker v. WilliamsonTexas Supreme Court · 1883
- Edmundson v. WilsonSupreme Court of Alabama · 1895
- McInnish v. LanierSupreme Court of Alabama · 1926
- Union Marine Ins. v. Charlie's Transfer Co.Supreme Court of Alabama · 1914
- Rhodes v. HardyMississippi Supreme Court · 1876
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