Fink v. Fink
Supreme Court of Iowa
Appeal from the Polk District Court. A cause was pending in the district court between these parties, involving the examination of long accounts. They filed a written agreement to submit the cause to arbitration. The arbitrators were to “ meet and determine said matters on the first of August, 1858, and to adjourn from day to day until concluded, and within five days thereafter, file the same in the district court of Polk county, or the clerk’s office thereof.”
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Appeal from the Polk District Court. A cause was pending in the district court between these parties, involving the examination of long accounts. They filed a written agreement to submit the cause to arbitration. The arbitrators were to “ meet and determine said matters on the first of August, 1858, and to adjourn from day to day until concluded, and within five days thereafter, file the same in the district court of Polk county, or the clerk’s office thereof.” No order of court was made, directing the submission, nor did.the parties appear before a justice or other officer, and acknowledge…
1Opinion of the Court
Weight, O. 'J.
Two exceptions were taken to the award : First. That it was not filed within the time required by the submission. This objection is untenable.— The award, by the terms of the submission, was to be filed within five days after the arbitrators had concluded their labors, and not within five days after the date of their meeting. It was made on the 18th, and filed on the 23d, and by excluding the first, and including the last day, (Code, section 2513), it was delivered, or returned, within the five days. We do not stop to inquire whether it would not be good as a statutory award,…
2Cases cited1 opinion
- Conger v. DeanSupreme Court of Iowa · 1856
3Cited by12 opinions
- Todd v. State BankSupreme Court of Iowa · 1917
- In re the Arbitration between Kreiss & HotalingCalifornia Supreme Court · 1892
- First National Bank in Cedar Falls v. ClaySupreme Court of Iowa · 1942
- Ames Canning Co. v. Dexter Seed Co.Supreme Court of Iowa · 1922
- Farmer v. Ames-Farmer Canning Co.Supreme Court of Iowa · 1920
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