Bridgman v. Bridgman
Supreme Court of Missouri
Jlppeal from, Ste. Genevieve Circuit Court. I. Tbe first submission under wbicb the arbitrators were sworn was abandoned. An entirely different one was made and they acted under it, but were not sworn. The law is express, that, “ before proceeding to bear any testimony, the arbitrators shall be sworn faithfully to hear and examine the matters in controversy, and to make a just award according to the best of their understanding.”
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Jlppeal from, Ste. Genevieve Circuit Court. I. Tbe first submission under wbicb the arbitrators were sworn was abandoned. An entirely different one was made and they acted under it, but were not sworn. The law is express, that, “ before proceeding to bear any testimony, the arbitrators shall be sworn faithfully to hear and examine the matters in controversy, and to make a just award according to the best of their understanding.” (R. C. 1845, sec. 8, p. 122.) The oath they take must be in writing. It is not for them to prove that they were sworn according to law. What oath they actually took…
1Opinion of the CourtLeonard, Judge
There is no error in this record. The plaintiff proceeded for a judgment upon the award under the statute, but the defendants, treating it as a common law action, put in an answer to it as such, and also instituted proceedings on their part to vacate the award, upon the several.grounds designated in the statute as sufficient for that purpose. The court treated both as proceedings under the statute; on the one side to cpnfirm, and, upon the other, to vacate the award. The original submission was in writing, but contained no agreement that a circuit court judgment might be rendered upon the…
2Cases cited2 opinions
- Bloomer v. ShermanNew York Court of Chancery · 1836
- Cope v. GilbertNew York Supreme Court · 1847
3Cited by15 opinions
- Williams v. PerkinsSupreme Court of Missouri · 1884
- Thatcher Implement & Mercantile Co. v. BrubakerMissouri Court of Appeals · 1916
- Cochran v. BartleSupreme Court of Missouri · 1887
- Allen v. HickamSupreme Court of Missouri · 1900
- Continental Bank Supply Co. v. International Brotherhood of BookbindersMissouri Court of Appeals · 1947
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