Tucker v. Allen
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Arbitrators could not become such without talcing the oath. ££ Arbitrators not sworn can make no award that is binding and valid as a statutory award.” (Walt v. Huse, 38 Mo. 210-13, confirming 18 Mo. 399, and modifying and reviewing 28 Mo. 166 ; 10 Mo. 161; Fassett v. Fassett, 41 Mo. 616.) II. The award ivas not signed by the arbitrators. III. The award was not attested. I. The arbitrator’s oath in the case at bar could be waived.
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Appeal from St. Louis Circuit Court. I. Arbitrators could not become such without talcing the oath. ££ Arbitrators not sworn can make no award that is binding and valid as a statutory award.” (Walt v. Huse, 38 Mo. 210-13, confirming 18 Mo. 399, and modifying and reviewing 28 Mo. 166 ; 10 Mo. 161; Fassett v. Fassett, 41 Mo. 616.) II. The award ivas not signed by the arbitrators. III. The award was not attested. I. The arbitrator’s oath in the case at bar could be waived. (Childs’ Ex’r v. Updyke, 9 Ohio, 336 ; Wood v. Page, 37 Verm. 254; Tombs v. Richmond & Lynchburg R.R., 18 Barb. 583; Valle…
1Opinion of the CourtCurrier, Judge
The plaintiff sues to recover damages for various alleged breaches of a contract which is set out in the petition. The defendants, among other grounds of defense, plead in bar of the suit an award alleged to have been made in pursuance of a written submission to arbitration of the matters for which this suit is brought. At the trial the award was presented and read in evidence without objection as to its attestation or want of a proper attestation. It appeared in evidence, however, that the attestation upon the award was made after the award was promulgated, and after the overruling of a…
2Cases cited6 opinions
- Howard v. . SextonNew York Court of Appeals · 1850
- Howard v. SextonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Field v. OliverSupreme Court of Missouri · 1869
- Vallé v. North Missouri RailroadSupreme Court of Missouri · 1866
- Toler v. HaydenSupreme Court of Missouri · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Utah Construction Co. v. Western Pacific Railway Co.California Supreme Court · 1916
- State v. HopeSupreme Court of Missouri · 1889
- State of Oregon v. DoudOregon Supreme Court · 1950
- State v. Van WyeSupreme Court of Missouri · 1896
- Vogt v. ButlerSupreme Court of Missouri · 1891
13 more not listed; retrieve them via the Exa API.