Legal Opinion

Williams v. Perkins

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 14 opinions

Appeal from, Randolph Circuit Court. — Hon. Gr. H. Burckhartt, Judge. (1) The award rendered by the arbitrators was invalid because the arbitrators were never sworn. The arbitrators, having failed to require the witness to testify under oath, and the necessity of an oath not having been waived by the defendant, the award is a nullity, and no action can be maintained' upon it.

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Appeal from, Randolph Circuit Court. — Hon. Gr. H. Burckhartt, Judge. (1) The award rendered by the arbitrators was invalid because the arbitrators were never sworn. The arbitrators, having failed to require the witness to testify under oath, and the necessity of an oath not having been waived by the defendant, the award is a nullity, and no action can be maintained' upon it. Wolfe v. Hyatt, 76 Mo. 156 ; Bridgman v. Bridgman, 23 Mo. 272. The arbitrators should have been sworn, and if they proceed to act without being sworn, unless the parties waive such necessity, their award will be invalid.…

1Opinion of the Court

Martin, C.

This action is founded on a bond exe- *382• cuted by the defendants to insure the keeping and performance of an award of arbitrators. The bond sued ■ on reads as follows:

“Know all men by these presents: That we, C. J. Perkins, as principal, and W. H. Perkins, as securities, .do hereby acknowledge ourselves indebted to W. H. Williams, J. B. Davis, Sr., and J. B. Davis, Jr., in the sum ■ of five thousand dollars, to be levied of our goods, chattels, lands and tenements, for the payment of which we hereby bind ourselves, our administrators, executors and .•assigns, signed with our hands,…

2Cases cited10 opinions

  1. Butts v. PhelpsSupreme Court of Missouri · 1883
  2. Fulkerson v. ThorntonSupreme Court of Missouri · 1878
  3. Stanton v. RyanSupreme Court of Missouri · 1867
  4. Nugent v. CurranSupreme Court of Missouri · 1883
  5. Bridgman v. BridgmanSupreme Court of Missouri · 1856

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Tietjens v. General Motors CorporationSupreme Court of Missouri · 1967
  2. Freeman v. BerberichSupreme Court of Missouri · 1933
  3. Wahl v. CunninghamSupreme Court of Missouri · 1928
  4. Bussen v. Del CommuneMissouri Court of Appeals · 1947
  5. Thatcher Implement & Mercantile Co. v. BrubakerMissouri Court of Appeals · 1916

9 more not listed; retrieve them via the Exa API.

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