Legal Opinion

In Re Joshua Hendy Machine Works

California Court of Appeal

Decided December 31, 1908No. Civ. No. 487PublishedCited by 5 opinions

APPEAL from an order of the Superior Court of the City and County of San Francisco, perpetually staying execution upon a clerk’s judgment upon submission to arbitration. James M. Troutt, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtKerrigan, J.

The parties to this action entered into an agreement in writing to submit a certain matter in dispute between them to the arbitration of two persons named, who, in the event of their inability to agree, were authorized to choose a third arbitrator, and the award of the three arbitrators, or any two of them, was to be binding upon the parties. .The two arbitrators failed to agree, and they appointed a third. Thereafter, under the submission, a final award was unanimously made in favor of appellant and against the respondents, upon which judgment was entered. Subsequently, upon motion of the…

2Cases cited2 opinions

  1. In re the Arbitration between Kreiss & HotalingCalifornia Supreme Court · 1892
  2. In Re Abrams and BrennanCalifornia Court of Appeal · 1905

3Cited by5 opinions

  1. Moncharsh v. Heily & BlaseCalifornia Supreme Court · 1992
  2. Carey v. HerrickWashington Supreme Court · 1928
  3. In re the Controversy Between the Rexburg Investment Co.Idaho Supreme Court · 1922
  4. In Re the Arbitration & Award Between Idaho Gold Dredging Corp. & Boise Payette Lumber Co.Idaho Supreme Court · 1930
  5. Moncharsh v. Heily & BlaseCalifornia Supreme Court · 1992

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