McHugh v. Peck
Texas Supreme Court
Error from Goliad. The case was tried before Hon. M. P. Hortoh, one of the district judges. Francis McHugh sued Barton Peck on a contract for building a house, &e., according' to specifications, for which he claimed $12,125 31. After service, and before answer, the parties agreed that all matters growing out of the contract should be submitted to arbitration, “according to an act dated 25th April, 1846.” (Paschal’s Dig., Arts. 60 to 68.) The parties declined to reserve any…
Read the full summary
Error from Goliad. The case was tried before Hon. M. P. Hortoh, one of the district judges. Francis McHugh sued Barton Peck on a contract for building a house, &e., according' to specifications, for which he claimed $12,125 31. After service, and before answer, the parties agreed that all matters growing out of the contract should be submitted to arbitration, “according to an act dated 25th April, 1846.” (Paschal’s Dig., Arts. 60 to 68.) The parties declined to reserve any right of appeal. McHugh chose Charles G. Ward, and Peck chose Joseph H. Barnard. There was no agreement about choosing an…
1Opinion of the CourtDohley, J.
It is assigned for error, that the arbitration was illegal and arbitrarily conducted; that the award was irregular and unjust; and that the court erred in not sustaining the motion of plaintiff to set aside the award.
The first objection to the award, filed in the court be*145low, was, that the defendant filed no answer, and submitted none to the arbitrators, so that the plaintiff had no notice of the off-sets and claims of defendant, which were acted upon and allowed by the arbitrators. The statute authorizing persons to submit any dispute, controversy, or right of action to arbitration, makes no…
2Cases cited5 opinions
- Hooper v. BrinsonTexas Supreme Court · 1847
- Walton v. MinturnCalifornia Supreme Court · 1851
- Rogers HoldenIllinois Supreme Court · 1851
- Edrington v. LeagueTexas Supreme Court · 1846
- Hicks v. CottrillSupreme Court of Vermont · 1853
3Cited by7 opinions
- State v. CliffordWest Virginia Supreme Court · 1906
- Temple v. Riverland Co.Court of Appeals of Texas · 1921
- Sanders v. NewtonCourt of Appeals of Texas · 1909
- Warren v. TinsleyCourt of Appeals for the Fifth Circuit · 1893
- Vacuum Oil Co. v. Liberty Refining Co.Court of Appeals of Texas · 1923
2 more not listed; retrieve them via the Exa API.