Walt v. Huse
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The arbitrators ought to have been sworn before hearing the evidence touching the matters in controversy; and because they were not so sworn, the award is void, or at least voidable — R. C. 1855, ch. 7, § 8, p. 194; Toler v. Hayden, 18 Mo. 399 ; Garret v. Macey et al., 10 Mo. 161. The case of Hamlin v. Duke, 28 Mo. 166, does not militate against the above doctrine, nor does the case of Pearce v. McIntyre,' 19 Mo. 428. It was…
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Appeal from St. Louis Court of Common Pleas. The arbitrators ought to have been sworn before hearing the evidence touching the matters in controversy; and because they were not so sworn, the award is void, or at least voidable — R. C. 1855, ch. 7, § 8, p. 194; Toler v. Hayden, 18 Mo. 399 ; Garret v. Macey et al., 10 Mo. 161. The case of Hamlin v. Duke, 28 Mo. 166, does not militate against the above doctrine, nor does the case of Pearce v. McIntyre,' 19 Mo. 428. It was unnecessary that the arbitrators should be sworn. This is not a statutory award. It is good as a common law award — French v.…
1Opinion of the CourtWagner, Judge
This was a suit brought by the respondents against the appellants, on an award made by John W. Luke and John J. Roe, to whom the matters and differences in controversy between the parties had been submitted as arbitrators. The *212submission was in writting, and the arbitrators proceeded to bear and examine the testimony in the cause, and to make out their written award; but they were not sworn. No provision was made by the parties in the submission for entering up a judgment of court on the award in pursuance of the statute. The court below rendered judgment for the respondents for the full…
2Cases cited3 opinions
- Bridgman v. BridgmanSupreme Court of Missouri · 1856
- Hamlin v. DukeSupreme Court of Missouri · 1859
- Toler v. HaydenSupreme Court of Missouri · 1853
3Cited by4 opinions
- Cochran v. BartleSupreme Court of Missouri · 1887
- Grant v. HolmesSupreme Court of Missouri · 1881
- Hepburn v. JonesSupreme Court of Colorado · 1878
- Fassett v. FassettSupreme Court of Missouri · 1867