Pacific Lime & Gypsum Co. v. Missouri Bridge & Iron Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Vital W. Garesche, Judge. (1) The allegations of the petition, showing partiality on the part of the arbitrator, in themselves war-' rant the reversal of the judgment in this cause. Hyeron-imus v. Allison, 52 Mo. 105, 106; Shawhan v. Bater, 167 Mo. App. 36; Bridgman v. Bridgman, 23 Mo. 272; Scholz v. Mills, 176 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Vital W. Garesche, Judge. (1) The allegations of the petition, showing partiality on the part of the arbitrator, in themselves war-' rant the reversal of the judgment in this cause. Hyeron-imus v. Allison, 52 Mo. 105, 106; Shawhan v. Bater, 167 Mo. App. 36; Bridgman v. Bridgman, 23 Mo. 272; Scholz v. Mills, 176 Mo. App. 377; Allen v. Hicham, 156 Mo. 58. (2) The complete misconception by the arbitrator of the evidence concerning the investment, even if unintentional, vitiates his award. Newman v. Labeaume, 9 Mo. 36; Roberts Brothers v. Can Co.,…
1Opinion of the CourtWalker, J.
This is a suit in equity to set aside the award of an arbitrator. A demurrer to the petition was sustained in the circuit court. Plaintiffs refused to plead further, judgment was rendered on the demurrer, and an appeal was perfected to this court. The only question involved is the sufficiency of the petition. Before discussing same the propriety or, more forcefully stated, the authority for the filing of such a demurrer as is here submitted, is necessary. An abstract rather than a prolix incorporation herein of this entire pleading will suffice to afford an intelligent discussion and an…
2Cases cited1 opinion
- Hanson v. NealSupreme Court of Missouri · 1908
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- Colley v. Jasper CountySupreme Court of Missouri · 1935
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