Rogers Holden
Illinois Supreme Court
The judgment in this cause was first rendered before a justice of the peace in Adams county, in October, 1850, in favor of Holden, for fifteen dollars and costs, from which Rogers appealed to the Circuit Court of Adams county. In the Circuit Court, Holden entered a motion to dismiss the appeal, for want of jurisdiction in the court to entertain the same, and because an appeal does not lie, the judgment before the justice having been rendered on an award of arbitrators.
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The judgment in this cause was first rendered before a justice of the peace in Adams county, in October, 1850, in favor of Holden, for fifteen dollars and costs, from which Rogers appealed to the Circuit Court of Adams county. In the Circuit Court, Holden entered a motion to dismiss the appeal, for want of jurisdiction in the court to entertain the same, and because an appeal does not lie, the judgment before the justice having been rendered on an award of arbitrators. Rogers entered a cross-motion to dismiss the suit. Upon the hearing of these motions, Rogers read the transcript of the…
1Opinion of the CourtTreat, C. J.
The parties originally appeared before a justice of the peace, and agreed to refer certain matters in difference between them to the arbitrament of three persons, two of whom heard the case, and made an award in favor of Holden for $15. The justice spread the award on his docket, and entered a judgment thereon against Rogers. The latter prosecuted an appeal, which was dismissed by the Circuit Court, on the ground that an appeal did not lie in such a’ case.
Parties to a suit before a justice may refer the matter in controversy to arbitrators, who are to hear the case, and deliver their award in…
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