Sholz v. Mills
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court.—Hon. G. A. Wurdemann, Judge. (1) This was a common law arbitration and award, which is sought to be set aside by a court of equity. Railroad v. Elliott, 56 Fed. 772; Ins. Co. v. Galine, Í14 Ala. 366; Oakes v. Moore, 24 Me. 214; Van Courtland v. Underhill, 17 Johns. (N. Y.) 405. (a) The test is this: Was there a difference or controversy between the parties ¶ If so, it was an arbitration and not an appraisement. Russell on Arb.
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Appeal from St. Louis County Circuit Court.—Hon. G. A. Wurdemann, Judge. (1) This was a common law arbitration and award, which is sought to be set aside by a court of equity. Railroad v. Elliott, 56 Fed. 772; Ins. Co. v. Galine, Í14 Ala. 366; Oakes v. Moore, 24 Me. 214; Van Courtland v. Underhill, 17 Johns. (N. Y.) 405. (a) The test is this: Was there a difference or controversy between the parties ¶ If so, it was an arbitration and not an appraisement. Russell on Arb. (3 Ed.), p. 43; Norton v. Gale, 95 111. 533; Stose v. Heissler, 120 111. 433. (2) Being a common law arbitration, appellant…
1Opinion of the CourtAllen, J.
This is a suit in equity instituted in the circuit court of St. Louis county for the purpose of setting aside a valuation or appraisement of certain real estate .situated in the town of Webster Groves,, in said county, made by two appraisers as of date J an-*356nary 1,1910, and to secure another appraisement thereof pursuant to the terms of a certain lease wherein appellant is lessor.and respondent lessee. The court below found the issues in favor of the defendant, dismissing plaintiff’s bill, and the plaintiff has duly prosecuted her appeal to this court.
The lease in question was executed…
2Cases cited11 opinions
- Goddard v. KingSupreme Court of Minnesota · 1889
- Norton v. GaleIllinois Supreme Court · 1880
- Curry v. LackeySupreme Court of Missouri · 1865
- Bridgman v. BridgmanSupreme Court of Missouri · 1856
- Garred v. Macey & DoniphanSupreme Court of Missouri · 1846
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- Luedinghaus Lumber Co. v. LuedinghausCourt of Appeals for the Ninth Circuit · 1924
- Holt v. WilliamsMissouri Court of Appeals · 1922
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