Marshall v. Hicks

Jackson, Justice.

This was a motion to set aside an award of arbitrators. The parties agreed to submit a matter in dispute to arbitrators, there being no case pending in court at the time, and the aw.ard was made the judgment, not of the court where the arbitration was had and the award was rendered, but in another county where the defendant resided.'' The court granted the motion, on the ground that there wa.s no authority of law to make such an award the judgment of that court, and error is assigned upon the judgment setting aside the award.

Section 4242 of the Code declares that the…