Reeves v. McGlochlin
Missouri Court of Appeals
Appeal from the Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) This is an attempted statutory submission under section 397, Revised Statutes, 1889, which requires the submission to be in writing to persons named in the submission, with the matter in controversy to be specified and set forth in such submission.
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Appeal from the Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) This is an attempted statutory submission under section 397, Revised Statutes, 1889, which requires the submission to be in writing to persons named in the submission, with the matter in controversy to be specified and set forth in such submission. If lacking in any one of these elements, the proceeding is only a common law arbitration, and must be enforced by an action on the award or suit upon the bond if one be executed. Shores v. Bowen, 44 Mo. 396; Hamlin v. Dulce, 28 Mo. 166; Garter v. Scaggs, 38 Mo. 302; Williams…
1Opinion of the CourtGill, J.
This is an action to enforce an award under a statutory arbitration. Plaintiff had judgment below and defendant appealed.
The principal question is, whether or not there was, under the statute, a proper submission in writing. On the day the parties agreed to arbitrate, they each, with their respective sureties, signed and delivered to the other a paper writing, that of the defendant reading as follows:
“SUBMISSION TO ARBITRATION.
“I, Ralph McGlochlin, as principal, and - and - as my securities, acknowledge ourselves bound to Albert Reeves in the sum of $500, upon this condition: Whereas a…
2Cases cited6 opinions
- Tucker v. AllenSupreme Court of Missouri · 1871
- Williams v. PerkinsSupreme Court of Missouri · 1884
- Cochran v. BartleSupreme Court of Missouri · 1887
- Wolfe v. HyattSupreme Court of Missouri · 1882
- Sweeney v. VaudryMissouri Court of Appeals · 1876
1 more not listed; retrieve them via the Exa API.
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