Evans v. De Spain

On Motion for Rehearing.

In his motion for rehearing, appellant insists that the case be reversed and rendered, instead of being remanded with instructions. We have concluded, upon further investigation, that appellant is correct.

The only issue before the trial court was whether or not the award of the arbitrators should be set aside or entered as the judgment of the court. The trial court had no authority to alter or amend that award, nor to reopen the same on its merits. The only jurisdiction, if the award were valid, under article 231, R. S. 1925, was to enter same as the judgment of the…