Ogden v. Forney
Supreme Court of Iowa
Appeal from Jackson Circuit Court. On the 1th of February, 1871, the parties hereto made an agreement in writing for the submission to three persons named, as arbitrators, certain matters in controversy between them concerning a parol partnership in cattle and other stock; the award was to be returned to the circuit court for record and judgment. On the 1st of March, 1871, the arbitrators made their award of $587, and costs, in favor of Ogden.
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Appeal from Jackson Circuit Court. On the 1th of February, 1871, the parties hereto made an agreement in writing for the submission to three persons named, as arbitrators, certain matters in controversy between them concerning a parol partnership in cattle and other stock; the award was to be returned to the circuit court for record and judgment. On the 1st of March, 1871, the arbitrators made their award of $587, and costs, in favor of Ogden. On the 28th of April following, the award, etc., were filed in the clerk’s office. At the May term, on the motion of Forney, the award was set aside.…
1Opinion of the CourtCole, J.
l. Stamps : effect of omission. This appeal is from an order setting aside an award of arbitrators. The motion to set aside specified three grounds : First. The submission has no TT „ , _ n -vr m , u. b. revenue stamp. Second. No affidavit of the arbitrators was made by them and returned with the award. Third. The award does not follow the submission.
As to the first ground, there is no showing of any intent to evade the provisions of the revenue law, without which it cannot be made available. Mitchell v. Home Ins. Co., 5 West. Jurist, 534; S. C., 32 Iowa, 421; Campbell v. Wilcox, 5 West. Jur.…
2Cases cited3 opinions
- Campbell v. WilcoxSupreme Court of the United States · 1871
- Mitchell v. Home InsuranceSupreme Court of Iowa · 1871
- Sears v. SellewSupreme Court of Iowa · 1870
3Cited by2 opinions
- State v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1902
- Harvey v. WielandSupreme Court of Iowa · 1902