Darling v. Darling
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Action to enforce an award. The complaint alleges, among other things, that on the 8th of June, 1860, the plaintiff and defendant for the purpose of putting an end to divers disputes and controversies existing between them, touching a demand which the plaintiff had against the defendant for money loaned to the defendant, and the interest thereon, and also for work and labor before then performed by the plaintiff for the…
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APPEAL from the Circuit Court for Kenosha County. Action to enforce an award. The complaint alleges, among other things, that on the 8th of June, 1860, the plaintiff and defendant for the purpose of putting an end to divers disputes and controversies existing between them, touching a demand which the plaintiff had against the defendant for money loaned to the defendant, and the interest thereon, and also for work and labor before then performed by the plaintiff for the defendant, and which the defendant disputed in part; submitted said matter to the arbitrament and award of Asa E. Bennett,…
1Opinion of the Court
By the Court,
Cole, J.
There can be no doubt that the plaintiff was not entitled to enter a judgment on the award mentioned in this case, under chap. 131, R. S., for that statute provides in effect, that to give a party this right, the award *652must be in writing, subscribed by tbe arbitrators making tbe same, and attested by a subscribing witness. Sec. 8. One of tbe duplicate original awards was not attested by a subscribing witness, and therefore the award could not be enforced as a statutory one by rule of court.
The remaining question is, can the award be treated as good at common law and…
2Cases cited6 opinions
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
- People v. GriffinNew York Supreme Court · 1848
- Titus v. ScantlingIndiana Supreme Court · 1835
- Cope v. GilbertNew York Supreme Court · 1847
- French v. NewNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- G., C. & S. F. R'y Co. v. FullerTexas Supreme Court · 1885
- Dore v. Southern Pac. Co.California Supreme Court · 1912
- Lower Baraboo River Drainage District v. SchirmerWisconsin Supreme Court · 1929
- Montgomery v. American Central InsuranceWisconsin Supreme Court · 1900
- Sandford Laundry, Inc. v. SimonNew York Court of Appeals · 1941
2 more not listed; retrieve them via the Exa API.