Cochran v. Bartle
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) The submission in question in this case, having-been in writing, is within the statute concerning arbitra-tions, and section 829, Revised Statutes, which imposes-a duty on the arbitrators, and not on the parties, and. which, in plain terms, prohibits the former from proceeding without first qualifying under oath, was applicable to the case.
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Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) The submission in question in this case, having-been in writing, is within the statute concerning arbitra-tions, and section 829, Revised Statutes, which imposes-a duty on the arbitrators, and not on the parties, and. which, in plain terms, prohibits the former from proceeding without first qualifying under oath, was applicable to the case. It follows, from this, that, unless the statute was complied with, in the matter of the arbitrators’ oath, either by performance of its requirements, or by the equivalent of such…
1Opinion of the CourtNorton, C. J.
Plaintiff and defendant, who were partners in business, upon the dissolution of the partnership, disagreeing as to how the partnership should be settled as between themselves, entered into the following agreement:
“ An agreement made this’sixth day of June, A. T)., 1883, by and between William Gr. Bartle and Frederick Gr. Cochran, both of the city of St. Louis, and State of Missouri. Witnesseth: That, whereas, a controversy exists between said parties in relation to the •adjustment and settlement of the accounts between them as partners in business, under the firm name of Bartle & Cochran, and…
2Cases cited13 opinions
- Newcomb v. WoodSupreme Court of the United States · 1878
- Tucker v. AllenSupreme Court of Missouri · 1871
- Whitehill v. ShickleSupreme Court of Missouri · 1869
- Waite v. BarryNew York Supreme Court · 1834
- Bridgman v. BridgmanSupreme Court of Missouri · 1856
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. HopeSupreme Court of Missouri · 1889
- State of Oregon v. DoudOregon Supreme Court · 1950
- Allen v. HickamSupreme Court of Missouri · 1900
- Pardridge v. RyanIllinois Supreme Court · 1890
- Title Guarantee & Trust Co. v. WilbyOhio Court of Appeals · 1946
6 more not listed; retrieve them via the Exa API.