Legal Opinion

Daniels v. Willis

Supreme Court of Minnesota

Decided July 15, 1862PublishedCited by 10 opinions

ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. I. — The Court below erred in refusing to set aside and vacate said award, and in accepting and confirming the same and rendering judgment thereon. Comp. Stats. ¶. 691, see. 13. 1st. Because said arbitrators exceeded their powers under the submission. The articles of submission did not authorize them to direct a sale of the property, but simply to determine which of the parties was entitled to possession.

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ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. I. — The Court below erred in refusing to set aside and vacate said award, and in accepting and confirming the same and rendering judgment thereon. Comp. Stats. ¶. 691, see. 13. 1st. Because said arbitrators exceeded their powers under the submission. The articles of submission did not authorize them to direct a sale of the property, but simply to determine which of the parties was entitled to possession. After tbe arbitrators had found that Willis was entitled to the possession of a portion of the property, they had no power to direct a sale.…

1Opinion of the Court

By the Court

Atwater, J.

A number of notes and chattel mortgages, and a suit with matters involved therein pending in the United States District Court, were submitted to the arbitrators selected by the parties, for their final determination thereon. The arbitrators made and filed their award. The Plaintiff in Error moved to vacate and set aside the award, upon certain grounds specified in the notice of motion. The motion was overruled, and judgment was entered in the District Court upon the award, and in pursuance of the terms thereof, in favor of Willis. Daniels thereupon sued out a writ oí…

2Cases cited1 opinion

  1. Davy's Executors v. FawSupreme Court of the United States · 1812

3Cited by10 opinions

  1. State v. CantienySupreme Court of Minnesota · 1885
  2. Denzer v. PrendergastSupreme Court of Minnesota · 1964
  3. State ex rel. Olsen v. Board of Control of State InstitutionsSupreme Court of Minnesota · 1902
  4. State v. People's Ice Co.Supreme Court of Minnesota · 1914
  5. Bofferding v. MengelkochSupreme Court of Minnesota · 1915

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