Legal Opinion

Van Horn v. Bellar

Supreme Court of Iowa

Decided April 12, 1866PublishedCited by 2 opinions

Appeal from Benton District Court. In December, 1863, the parties to this action entered into an agreement, by which the defendant rented to the plaintiff his farm for a given period, upon certain terms therein specified.

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Appeal from Benton District Court. In December, 1863, the parties to this action entered into an agreement, by which the defendant rented to the plaintiff his farm for a given period, upon certain terms therein specified. After the expiration of the lease, the parties mutually preferred claims against each other, and failing to come to a satisfactory settlement, they agreed in writing to arbitrate their matters of difference, and stipulated that the award of the arbitrators should be filed with Henry Ellison, a justice of the peace of said county, who should thereupon render a judgment on…

1Opinion of the Court

Lowe, Ch. J.. award, ’The ground of the application for an injunction in this case is, not that the award of the arbitrators was unjust, and the sum found not due, that the justice of the peace named bad no juriscliotioa or power to render a judgment on the same.

This objection is not apparent, indeed it is quite insufficient to sustain the injunction, or.to justify a decree malting *257it perpetual against the collection of the judgment which was founded upon the award. * The parties, themselves, voluntarily submitted to the jurisdiction of the justice of the peace. In their agreement of…

2Cited by2 opinions

  1. Whitis v. CulverSupreme Court of Iowa · 1868
  2. Solomon v. SolomonCuyahoga County Common Pleas Court · 1903

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