Claycomb v. Butler
Illinois Supreme Court
Writ of error to the Circuit Court of Peoria county; the Hon. A. L. Merriman, Judge, presiding. This was a suit in chancery instituted by William 0. Butler against Samuel Claycomb, in the Circuit Court of Warren county, and removed upon change of venue into the Circuit Court of Peoria county. The object of the bill was to set aside an award of arbitrators upon the alleged ground of fraud, and to enjoin a suit upon the bond.
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Writ of error to the Circuit Court of Peoria county; the Hon. A. L. Merriman, Judge, presiding. This was a suit in chancery instituted by William 0. Butler against Samuel Claycomb, in the Circuit Court of Warren county, and removed upon change of venue into the Circuit Court of Peoria county. The object of the bill was to set aside an award of arbitrators upon the alleged ground of fraud, and to enjoin a suit upon the bond. The court below entered a decree setting aside the award, and perpetually enjoining the suit upon the bond. The defendant brings the case to this court upon writ of error.…
1Opinion of the CourtJustice Breese
This was a bill in chancery, filed by Butler against Clay-comb, to set aside an award, impeaching it for fraud, and alleging that the arbitrators exceeded the submission. The answer denies these charges. A replication was put in, and the cause set for hearing on bill, answer, replication and testimony. Afterwards, the venue was changed to Peoria county, where complainant amended his bill, alleging that the arbitrators, before proceeding to hear the testimony, were not sworn; that they made no copy of them award, and delivered it, or caused it to be delivered, to the complainant; that the suit…
2Cases cited1 opinion
- Williston v. FisherIllinois Supreme Court · 1862
3Cited by2 opinions
- Stone v. BaldwinIllinois Supreme Court · 1907
- Wechsler v. GidwitzAppellate Court of Illinois · 1928