Crane v. Barry
Supreme Court of Georgia
Arbitration and award. Umpire. Void judgment. Before Judge Davis. Clark Superior Court. February Term, 1872. The matters in controversy between Patrick Barry and John R. Crane, as administrator of Ross Crane, deceased, were submitted to arbitration by the following instrument: “GEORGIA — Clark County.
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Arbitration and award. Umpire. Void judgment. Before Judge Davis. Clark Superior Court. February Term, 1872. The matters in controversy between Patrick Barry and John R. Crane, as administrator of Ross Crane, deceased, were submitted to arbitration by the following instrument: “GEORGIA — Clark County. “We, the undersigned, hereby agree.and pledge ourselves to leave to arbitration all matters of controversy between Fat-rick Barry and Ross Crane, deceased; also, all other business transactions between said parties, and to let said arbitrators make a final settlement in full of all matters…
1Opinion of the Court
Montgomery, Judge.
At common law an award can only be made the foundation of an action. Our Code, sections 4166 et seq. alters the common law and permits an award to be made the judgment of the Court, provided certain things are done by the parties, and the award is made in the way indicated. But it also permits the parties, if they prefer it, to pursue the old mode, and Slave their matters of controversy settled by a common law *478award. It is proper, therefore, that the Court should see that both parties intended to submit to a statutory arbitration before it permits the award to' be made the…
2Cited by14 opinions
- Wright v. SimpsonIllinois Supreme Court · 1902
- Jordan v. Callaway & Co.Supreme Court of Georgia · 1912
- Crowley v. CalhounSupreme Court of Georgia · 1925
- Henry & Co. v. JohnsonSupreme Court of Georgia · 1933
- Osborn & Walcott Mfg. Co. v. BlantonSupreme Court of Georgia · 1899
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