Crook v. Chambers
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. Jno. K. Henry. This was a motion for a j'udgment on an award, in favor of Geo. W. Chambers, and against James A. Crook.
Read the full summary
Appeal from the Circuit Court of Wilcox. Tried before the Hon. Jno. K. Henry. This was a motion for a j'udgment on an award, in favor of Geo. W. Chambers, and against James A. Crook. The award, and the submission on which it was founded, were in the following words : “ We, the subscribers, having a controversy respecting the balance of accounts between us, for the settlement of the same, have chosen E. H. J. Mobley and John Moore, esquires, arbitrators, by whose award, or any two of them, we do promise to abide; provided it is made in writing, on or before the 15th day of November next…
1Opinion of the Court
' A. J. WALKER, O. J.
It is not indispensable in a statutory award, that it should disclose upon its face the fact that the arbitrators were sworn, and that the parties had notice. Those facts are not required by the statute to be evidenced by writing, and may therefore be proved by parol. — Code, § § 2711-2716.
2. The provision, that a copy of the award shall be delivered to each of the parties, is directory, and a compliance with it is not indispensable. A substantial compliance with the law is sufficient. “In relation to the award, the point of substance under the statute is, that the…
2Cases cited2 opinions
- Tuskaloosa Bridge Co. v. JemisonSupreme Court of Alabama · 1859
- King v. JemisonSupreme Court of Alabama · 1859
3Cited by3 opinions
- Tennessee Coal, Iron & Ry. Co. v. RoussellSupreme Court of Alabama · 1908
- Reader v. HelmsSupreme Court of Alabama · 1876
- Lumbard v. HoldimanAppellate Court of Illinois · 1904