Callahan v. M'Alexander
Supreme Court of Alabama
Error to the Circuit Court of Morgan County. THIS was an award, made in pursuance to a submission, under the statute of this State.
Read the full summary
Error to the Circuit Court of Morgan County. THIS was an award, made in pursuance to a submission, under the statute of this State. The defendant in error, filed a statement before a justice of the peace, in the following words: — “Whereas William Callahan, as agent of Patrick O’Neal, employed Edmond T. McAIexander, and five negroes, to go to South Alabama, and there to be in the employment of said O’Neal for the present year, for which the sum of three hundred and seventy-three dollars, were to be paid for the negroes, and If the parties could not agree, referees were to settle the same, for…
1Opinion of the CourtOrmond, J.
— This arbitration was had, under the authority given by the statute for that purpose, to be found in Aikin’s Digest 38, by the seventh and concluding sections.
The 5th and 6th assignments of error, are contradicted by the record; — it does sufficiently appear, that the oath which the law ■‘requires, was administered to the arbitrators, and that the plaintiff in error had notice of, and was present, when the award was made. But notwithstanding the disposition of this Gourt,to sus*370‘tain, and if possible to give effect, to this mode of settling cotrtroversies, it is impossible to sanction the…
2Cited by5 opinions
- Ohio & Mississippi Railroad v. DavisIndiana Supreme Court · 1864
- Indianapolis & Madison Railroad v. SolomonIndiana Supreme Court · 1864
- Reynolds v. ReynoldsSupreme Court of Alabama · 1849
- Cotten v. BradleySupreme Court of Alabama · 1863
- Ohio & Mississippi Railroad v. AndersonAppellate Court of Illinois · 1882