Shores v. Bowen
Supreme Court of Missouri
Error to Fifth District Court. cited 10 Kinne’s Law Compendium, 42; 3 Barb. 275; 2 Hill, N. Y., 387; 12 Wend. 503 ; 23 Wend. 628. ' I. The law does not authorize or permit a demurrer to a motion to confirm the award of the arbitrators, and the award and motion were sufficient in law. II. The court below erred in not confirming said award, and in sustaining the demurrer. (Gen. Stat. 1865, p. 771, §§ 1, 6-8 ; Yalle v. North Missouri R.R.
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Error to Fifth District Court. cited 10 Kinne’s Law Compendium, 42; 3 Barb. 275; 2 Hill, N. Y., 387; 12 Wend. 503 ; 23 Wend. 628. ' I. The law does not authorize or permit a demurrer to a motion to confirm the award of the arbitrators, and the award and motion were sufficient in law. II. The court below erred in not confirming said award, and in sustaining the demurrer. (Gen. Stat. 1865, p. 771, §§ 1, 6-8 ; Yalle v. North Missouri R.R. Co., 37 Mo. 445; Caldwell on Arbitrators, 284, n. 1, and p. 286; Solomons v. McKinstry, 13 Johns. 27.) HI. The court below erred in sustaining the motion to…
1Opinion of the CourtBliss, Judge
On the 28th of August, 1868, Alice Lazalere, then a femme sole, but now the wife of John E. Shores, and one of the plaintiffs, and defendant John T. Bowen, duly executed a submission of certain matters in dispute “to the arbitrament of Wm. B. *398Johnson, Wm. L. Givens, and James L. Davis, or any two of them;” “that the award of the arbitrators as aforesaid, when made, may be made a rule of the Circuit Court or Court of Common Pleas of said Daviess county,” etc., the parties being residents of said county. The arbitrators were sworn, and met on the 28th of August, “ having duly notified the…
2Cases cited1 opinion
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