Mason v. Bullock
Alabama Court of Appeals
Appeal from Andalusia City Court. Heard before Hon. A. L. Rankin. Assumpsit by J. A. Mason against J. B. Bullock. Judgment for defendant and plaintiff appeals.
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Appeal from Andalusia City Court. Heard before Hon. A. L. Rankin. Assumpsit by J. A. Mason against J. B. Bullock. Judgment for defendant and plaintiff appeals. The mere subsisting agreement to submit to a common law arbitration is no- bar to a suit brought on the same subject matter, and before final award.— Wright v. City Council, 79 Ala. 481; Ex parte Garlington, 25 Ala. 170. The alleged first award rendered bad no operative effect. — McCran-y v. Harrison, 36 Ala. 577. A submission to awaixl is revocable by either party to a. common law arbitration at any time before final award. — Wolf v.…
1Opinion of the CourtPelham, J.
The transcript in this case presents something over 17 pages of pleadings, and the court’s rulings thereon, upon which many assignments of error are predicated, but a careful consideration of the entire record shows that the appellant, as plaintiff in the court below, was not injured by any of the court’s rulings on the pleadings or prevented from putting his entire case before the court and jury. Nor was the plaintiff injured in being required to take issue on any plea setting up illegal or immaterial matter of defense. We will not then pause to consider that part of the case.
The real…
2Cases cited21 opinions
- Paulsen v. ManskeIllinois Supreme Court · 1888
- Hooker v. WilliamsonTexas Supreme Court · 1883
- Sartwell v. SowlesSupreme Court of Vermont · 1900
- Hiscock v. . HarrisNew York Court of Appeals · 1878
- Leonard v. HouseSupreme Court of Georgia · 1854
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3Cited by4 opinions
- Ames Canning Co. v. Dexter Seed Co.Supreme Court of Iowa · 1922
- McInnish v. LanierSupreme Court of Alabama · 1926
- Delaware & Hudson R. Corporation v. WilliamsCourt of Appeals for the Seventh Circuit · 1942
- Bullock v. MasonSupreme Court of Alabama · 1915