Campbell v. Campbell
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a decree of the Supreme Court of the District of Columbia, sitting as an equity court, in a suit for an accounting and for the enforcement of a settlement agreement between the parties.
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Hearing on an appeal by the defendant from a decree of the Supreme Court of the District of Columbia, sitting as an equity court, in a suit for an accounting and for the enforcement of a settlement agreement between the parties. The Court in the opinion stated the facts as follows: Differences arising out of a copartnership between James W. Campbell and Charles M. Campbell, brothers, led to the filing of the original bill in this case in the supreme court of the District of Columbia on September 5, 1905, by James W. Campbell, hereafter referred to as plaintiff, against his brother for an…
1Opinion of the CourtJustice Van Orsdel
Two important questions are presented by this appeal: First, Hid the arbitration agreement and award discontinue and terminate the present suit? and, second, is the Ohio judgment a bar *148to further proceedings in this District touching the validity of the award ?
Whether an arbitration agreement and award operates as a discontinuance of pending litigation for which the arbitration is substituted by agreement of the litigants is dependent largely upon the intention of the parties. Where it is agreed that the award shall be filed in the pending suit, the arbitration proceedings merely operate to…
2Cases cited14 opinions
- Lord v. VeazieSupreme Court of the United States · 1850
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
- Larkin v. RobbinsNew York Supreme Court · 1829
- Travelers Insurance v. Pierce Engine Co.Wisconsin Supreme Court · 1909
- Camp v. RootNew York Supreme Court · 1820
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Spencer v. SpencerDistrict of Columbia Court of Appeals · 1985
- Mancuso v. L. Gillarde Co.District of Columbia Court of Appeals · 1948
- TRAFFORD v. City of WestbrookDistrict Court, D. Maine · 2009
- Thames River Associates Ltd. Partnership v. Guiel (In Re Thames River Associates Ltd. Partnership)United States Bankruptcy Court, D. Connecticut · 1993