Caldwell v. Caldwell
Supreme Court of Alabama
Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by E. H. Caldwell against D. K. Caldwell and others. From decree dismissing the bill, complainant appeals.
Read the full summary
Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by E. H. Caldwell against D. K. Caldwell and others. From decree dismissing the bill, complainant appeals. The history of the case may be briefly stated as follows : Appellant did business in his father’s name, one Hamlin Caldwell, and became involved in the amount of more than $27,000. Before his death Hamlin Caldwell paid off all this indebtedness but $16,000, and gave a mortgage covering his landed estate to pay this balance. After Hamlin Caldwell’s death, D. K. Caldwell became administrator of his estate, and in…
1Opinion of the CourtAnderson, J.
— The bill seems to have been primarily filed to specifically perform the award of an. arbitrator, selected by the complainant and the respondent D. K. Caldwell. While the chancery court has the jurisdiction and power to enforce an award of arbitrators appointed by the parties, it is without authority to carry out mere agreements to submit matters in controversy to arbitration. Pomeroy’s Spec. Performance of Contracts, § 291; 6 Pomeroy’s Eq. Jur. § 758; 2 Story’s Eq. Jur. § 1457. The prof shows that there was no aAvard, as the arbitrator declined to act, and merely made a calculation for the…
2Cited by8 opinions
- Black v. WoodruffSupreme Court of Alabama · 1915
- City of Anniston v. Alabama Water Co.Supreme Court of Alabama · 1922
- Ex Parte Birmingham Fire Ins. Co.Supreme Court of Alabama · 1937
- City of Andalusia v. Alabama Utilities Co.Supreme Court of Alabama · 1931
- Caldwell v. CaldwellSupreme Court of Alabama · 1916
3 more not listed; retrieve them via the Exa API.