Legal Opinion

Chapman v. Ewing

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 2 opinions

Appeal from the Circuit Court of Madison! Tried before the Hon. II. C. Speajce. The record in this case shows that, on the 1st Novémber, 1877, an action was commenced by the appellees, suing as partners, against Reuben Chapman and others, the appellants; that at the June term, 1882, by agreement, as recited in the minute-entry, the cause was submitted to the “ arbitrament of R. H. Wilson, David Wise, and John L. Rison, whose award shall be the judgment of the court;” that at…

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Appeal from the Circuit Court of Madison! Tried before the Hon. II. C. Speajce. The record in this case shows that, on the 1st Novémber, 1877, an action was commenced by the appellees, suing as partners, against Reuben Chapman and others, the appellants; that at the June term, 1882, by agreement, as recited in the minute-entry, the cause was submitted to the “ arbitrament of R. H. Wilson, David Wise, and John L. Rison, whose award shall be the judgment of the court;” that at the August term, 1883, as the minute-entry recites, “ came the parties by their attorneys, and ordered by the court…

1Opinion of the CourtSomerville, J.

The statutes of this State declare, that “it is the duty of,all the courts to encourage the settlement of controversies pending before them, by a reference thereof to arbitrators, chosen by the parties or their attorneys, and, on motion of the parties, must make such order, and continue the cause for award; but such continuance must not extend beyond one term, unless for good cause shown, or by consent.” — Code 1876, § 3536.

The judgment of the Circuit Court recites the fact that, in June, 1882, the parties to the present suit appeared by their attorneys, and “ by agreement ” it was ordered…

2Cases cited4 opinions

  1. State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
  2. Ex parte ShaudiesSupreme Court of Alabama · 1880
  3. Collins v. Louisville & Nashville RailroadSupreme Court of Alabama · 1881
  4. King v. JemisonSupreme Court of Alabama · 1859

3Cited by2 opinions

  1. Badders & Britt v. DavisSupreme Court of Alabama · 1889
  2. Snodgrass v. ArmbresterSupreme Court of Alabama · 1890

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