Ehrman v. Stanfield
Supreme Court of Alabama
Appeal from Chilton Circuit Court. • Tried before Hon. James E. Cobb. ■ This was an action by James M. Stanfield to recover the amount of an arbitrators’ award, rendered in his favor, against R. Elirman; and was commenced on 7th September, 1885. The complaint averred, in substance, that the defendant, Elirman, being the complainant in a suit pending in the Chancery Court of Chilton county, in which the said Stanfield and others were respondents, procured an injunction to be…
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Appeal from Chilton Circuit Court. • Tried before Hon. James E. Cobb. ■ This was an action by James M. Stanfield to recover the amount of an arbitrators’ award, rendered in his favor, against R. Elirman; and was commenced on 7th September, 1885. The complaint averred, in substance, that the defendant, Elirman, being the complainant in a suit pending in the Chancery Court of Chilton county, in which the said Stanfield and others were respondents, procured an injunction to be issued by Hon. T. M. Arrington, judge of the City Court of Montgomery, against the said Stanfield and his…
1Opinion of the CourtClopton, J.
The statutes, prescribing the mode of submission, and the requisites of an award, do not prevent persons from settling any matter of controvers3r, by a reference to arbitration at common law. Code, § 3548. When the submission is not pursuant to the statute, the common law remedies to enforce the award must be adopted. To constitute a valid award in such case, it is requisite, there shall be a submission by the parties of an existing matter of difference to arbitrators, and an award made, which finally determines the matter of controversy, and is within the scope of the authority of the arbitra*120…
2Cases cited4 opinions
- Hoffman Steam Coal Co. v. Cumberland Coal & Iron Co.Court of Appeals of Maryland · 1860
- Reynolds v. ReynoldsSupreme Court of Alabama · 1849
- Burns v. HendrixSupreme Court of Alabama · 1875
- Day v. HooperSupreme Judicial Court of Maine · 1863
3Cited by11 opinions
- Fuerst v. EichbergerSupreme Court of Alabama · 1931
- RP Industries, Inc. v. S & M EQUIP. CO.Supreme Court of Alabama · 2004
- Brown v. MizeSupreme Court of Alabama · 1898
- Shaw v. StateSupreme Court of Alabama · 1899
- Deal v. ThompsonSupreme Court of Oklahoma · 1915
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