Stearns v. Cope
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McDonough county; the Hon. John H. Williams, Judge, presiding. William Cope brought to the February term of the McDonough circuit court an action of debt upon an arbitration bond, against Francis T. Emery and S. S. Stearns, the latter being a surety thereon.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McDonough county; the Hon. John H. Williams, Judge, presiding. William Cope brought to the February term of the McDonough circuit court an action of debt upon an arbitration bond, against Francis T. Emery and S. S. Stearns, the latter being a surety thereon. The bond is in the penal sum of $6000, and is subject to a condition wherein it is recited that certain differences had arisen between Emery and Cope, which they, by articles of agreement, had that day agreed to submit to the…
1Opinion of the CourtJustice Mulkey
Several questions of law arise on this record, none of which present any serious difficulty. We will consider first the ruling of the court in sustaining the demurrer to the third plea. . This plea is framed, as we suppose, upon the theory tlie award is void as to the costs of arbitration, either because of the uncertainty of the amount required to be paid, or on the ground they were not embraced within the submission, and that the arbitrators therefore had no power or authority to make any award concerning them, and that being void in part it is void as a whole. In the view we take of the…
2Cases cited5 opinions
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- Walker v. WelchIllinois Supreme Court · 1853
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