Snodgrass v. Armbrester
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. The record in this case shows that, on the 19th March, 1887, a statutory action of detinue for a hog was* commenced in a justice’s court, by W. H. Armbrester against W. E.Snodgrass; that the cause was removed by the defendant, by appeal from the justice’s judgment, into the Circuit Court; that an order was entered in that court, November 16, 1887, referring the cause to H. H. Horton, T. L>.…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. The record in this case shows that, on the 19th March, 1887, a statutory action of detinue for a hog was* commenced in a justice’s court, by W. H. Armbrester against W. E.Snodgrass; that the cause was removed by the defendant, by appeal from the justice’s judgment, into the Circuit Court; that an order was entered in that court, November 16, 1887, referring the cause to H. H. Horton, T. L>. Stearns and John W. Barnett, as arbitrators, “by agreement and consent of parties;” that the cause was continued, from term to…
1Opinion of the CourtMcCLELLAN, J.
Technically, an order of court directing, by consent of psarties, the arbitration of matters involved in a pending suit, is not a submission to arbitrators, but a reference of the cause as presented by the pleadings. Upson such reference, there is no* office for the written submission entered into by the psarties to perform. If the matter in controversy already sufficiently appears from any psart of the record — and it does sufficiently appsear from the compslaint, or statement of the cause of action, in every psending suit — any further statement-of it in writing is unnecessary.—Mendenhall…
2Cases cited1 opinion
- Chapman v. EwingSupreme Court of Alabama · 1884
3Cited by5 opinions
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- MBNA AMERICA BANK, NA v. BodaliaCourt of Civil Appeals of Alabama · 2006
- Sims v. City of BirminghamSupreme Court of Alabama · 1950
- Sims v. City of BirminghamSupreme Court of Alabama · 1950