Legal Opinion

Burns v. Hendrix

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 3 opinions

Appeal from tbe Circuit Court of Lauderdale. Tried before Hon. James S. Clark. Tbe opinion states tbe facts. The award was not in con» fortuity with, the submission. Submissions and awards should be read and interpreted, in connection with the pleadings in the cause. — Merritt v. Thompson, 27 N. Y. 225. The award is only good as to matters properly submitted. — Carson v. Carson, 1 Met. (Ky.) 434; Fulton v. Wiley, 32 Yermont, 762; Griffin v. Hadley, 8 Jones’ Law, 82; Codkv.

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Appeal from tbe Circuit Court of Lauderdale. Tried before Hon. James S. Clark. Tbe opinion states tbe facts. The award was not in con» fortuity with, the submission. Submissions and awards should be read and interpreted, in connection with the pleadings in the cause. — Merritt v. Thompson, 27 N. Y. 225. The award is only good as to matters properly submitted. — Carson v. Carson, 1 Met. (Ky.) 434; Fulton v. Wiley, 32 Yermont, 762; Griffin v. Hadley, 8 Jones’ Law, 82; Codkv. Carpenter, 34 Yt. 121; Reynolds v. Reynolds, 15 Ala. 403; Briggs v, Smith, 20 Barbour (N. Y.) 409; 9 Foster (N. H.) 405.…

1Opinion of the CourtBrickell, C. J.

The appellant commenced suit against the appellee, by attachment, for the recovery of the rent of land. To a complaint claiming eight hundred and eighty dollars, as due January 1st, 1872, for the rent of land for 1871, the appellee pleaded in short by consent, “ arbitrated and settled by award, and award performed.” On this plea a trial was had. To sustain it, the appellee offered in evidence a submission in writing, executed by him and appellant, reciting the suing out of the attachment, returnable to the next term of the circuit court of Lauderdale county, “ for the sum of eight hundred and…

2Cases cited3 opinions

  1. Byrd v. OdemSupreme Court of Alabama · 1846
  2. Reynolds v. ReynoldsSupreme Court of Alabama · 1849
  3. Strong v. BeroujonSupreme Court of Alabama · 1850

3Cited by3 opinions

  1. Black v. WoodruffSupreme Court of Alabama · 1915
  2. Ehrman v. StanfieldSupreme Court of Alabama · 1885
  3. Edmundson v. WilsonSupreme Court of Alabama · 1895

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