Bowen v. Lazalere
Supreme Court of Missouri
Error to Fifth District Court. I. The submission in writing to arbitration operated as a discontinuance of the cause ; and the District Court did not err in reversing the judgment of the court below.
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Error to Fifth District Court. I. The submission in writing to arbitration operated as a discontinuance of the cause ; and the District Court did not err in reversing the judgment of the court below. (West v. Stanley, 1 Hill. 69; 4 Barb. 541; 4 Cow. 547 ; Larkin v. Bobbins, 2 Wend. 505 ; Blunt v. Whitney, 3 Saund. 4.) H. The bill of exceptions, signed by the bystanders and supported by affidavits, together with the sworn copies of the papers directed in said bill of exceptions to be copied therein, should be taken and considered as a part of the record in the cause. (Wallace v. Bolton, 10 Mo.…
1Opinion of the CourtBliss, Judge
The plaintiff brought suit in the Daviess County Court of Common Pleas against the defendants, upon a promissory note for about $500. Defendants admitted the execution of the note, *385but said it was procured by fraud. The plaintiff, in reply, denied all the facts charged as constituting the fraud. Afterward the defendants filed a supplemental answer recapitulating the former answer, with the addition of a new defense — that the matter in dispute had been submitted to arbitrators, who had madetheir award. The record shows that the defendants at the same time filed the submission and award and a…
2Cases cited1 opinion
- Larkin v. RobbinsNew York Supreme Court · 1829
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- Blizzard v. ApplegateIndiana Supreme Court · 1881
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