Murry v. Mills
Nebraska Supreme Court
On the 28th of January, 1863, the parties hereto entered into “ articles of submission ” to arbitrators, in which were recited divers matters of difference between them, after which was the folio-wing : “Now, therefore, we, the undersigned, George M. Mills and Thomas Murry aforesaid, do hereby submit the said controversy and the matters above stated, to the arbitrament of S. J. Goodrich, Oscar F. Davis and S. M. Parmelee, all of said city of Omaha; and we do mutually…
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On the 28th of January, 1863, the parties hereto entered into “ articles of submission ” to arbitrators, in which were recited divers matters of difference between them, after which was the folio-wing : “Now, therefore, we, the undersigned, George M. Mills and Thomas Murry aforesaid, do hereby submit the said controversy and the matters above stated, to the arbitrament of S. J. Goodrich, Oscar F. Davis and S. M. Parmelee, all of said city of Omaha; and we do mutually coyenant and agree, to and with each other, that the award which is to be made by said arbitrators, or any two of them, shall,…
1Opinion of the Court
*459The court,
by Kellogg, Ch. J.,
held that the provision of the Code above quoted was, by the section- in the chapter on arbitrations above quoted, made applicable to the report of the arbitrators, and that such report must, to have any validity to support a judgment, state the facts found by the arbitrators and their conclusions of law thereon separately. As this report does not conform to this requirement of the statute it must be set aside. The motion for judgment was rightly overruled, and the .exceptions filed by Mills to the report were rightly sustained. • The judgment must be affirmed.
Judg…
2Cited by4 opinions
- Burkland v. JohnsonNebraska Supreme Court · 1897
- City of O'Neill v. ClarkNebraska Supreme Court · 1899
- Graves v. ScovilleNebraska Supreme Court · 1885
- Westover v. ArmstrongNebraska Supreme Court · 1888