Mobile Bay Road Co. v. Yeind
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Andrew B. Moore. This action was brought by John E. Yeind, to recover two hundred dollars damages for lands which had been taken by the Mobile Bay Road Company, (a corporation chartered by the legislature of this State,) in opening a road.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Andrew B. Moore. This action was brought by John E. Yeind, to recover two hundred dollars damages for lands which had been taken by the Mobile Bay Road Company, (a corporation chartered by the legislature of this State,) in opening a road. Pending the suit, the parties agreed in writing to submit the matters in controversy between them to- arbitration, and that the award of the arbitrators should be entered up as the judgment of the court; and the cause was, by- an order of court, referred to the arbitrators named in the…
1Opinion of the Court
RICE, 0. J.
The adjustment of suits and controversies by arbitration has uniformly been much favored by legislation, as well as by the common law as understood in this State.— Tankersley v. Richardson, 2 Stew. Rep. 130 ; Wright v. Bolton, 8 Ala. R. 548 ; Code, § 2709. When the parties to a suit, pending in the circuit court, agree in writing, that the matter in controversy shall be submitted to the decision of arbitrators, chosen and named by them, and that the award shall be entered as the judgment of the court; and the court thereupon refers the matter in controversy to -these arbitrators,…
2Cases cited1 opinion
- Tankersley v. RichardsonSupreme Court of Alabama · 1829
3Cited by4 opinions
- Tuskaloosa Bridge Co. v. JemisonSupreme Court of Alabama · 1859
- Scruggs v. BibbSupreme Court of Alabama · 1859
- Wolff v. Shelton's ExecutorsSupreme Court of Alabama · 1874
- Elrod v. SimmonsSupreme Court of Alabama · 1866