Johnson v. American Can Co.
| Decision Date | 18 October 1962 |
| Docket Number | No. 13992,13992 |
| Parties | Lee Curtis JOHNSON, Appellant, v. AMERICAN CAN COMPANY, Appellee. |
| Court | Texas Court of Appeals |
Roberson L. King, Houston, for appellant.
V. R. Burch, Jr., Houston, and James M. Neel, Attys., and Baker, Botts, Shepherd & Coates, Houston, of counsel, for appellee.
This is a suit to set aside an arbitration award. From an unfavorable judgment appellant, plaintiff in the trial court, brings this appeal.
The trial court sustained defendant's plea in abatement reading as follows:
I.
When the plaintiff failed to amend his petition, judgment was entered dismissing the suit.
Appellant briefs two points of error, one of which is that, 'Plaintiff's action is not barred by the arbitration award.' In his original petition appellant sought an order requiring appellee to re-employ him with accrued seniority and to pay him the wages he would have earned from the date of his discharge. Paragraph IV of his petition reads:
No other grounds for setting aside the award of the arbitrator are contained in the petition.
It is well settled in Texas that the award of an arbitrator in a matter properly submitted to arbitration is final and conclusive, unless it is shown that the arbitrator was 'guilty of fraud, misconduct, or such gross mistake as would imply bad faith or failure to exercise an honest judgment.' Galveston, H. & S. A. Ry. Co. v. Henry & Dilley, 65...
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House Grain Co. v. Obst, 13-82-210-CV
...(Tex.Civ.App.--Austin 1964, writ ref'd n.r.e.); Smith v. Barnett, 373 S.W.2d 762 (Tex.Civ.App.--Dallas 1963, no writ); Johnson v. American Can Company, 361 S.W.2d 451 (Tex.Civ.App.--Houston 1962, no It should be noted here that no transcription of the arbitration proceedings was offered int......
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Smith v. Barnett
...A. Ry. Co. v. Henry & Dilley, 65 Tex. 685. Mere errors of fact or law are not grounds for setting aside an award. Johnson v. American Can Co., Tex.Civ.App., 361 S.W.2d 451; Grand International Brotherhood of Locomotive Engineers v. Wilson, Tex.Civ.App., 341 S.W.2d 206; Johnson v. Korn, Tex.......
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Smith v. Southern Land Development Co.
...also Providence Washington Insurance Company v. Farmers Elevator Co., Inc., Tex.Civ.App.1940, 141 S.W.2d 1024. In Johnson v. American Can Co., Tex.Civ.App., 361 S.W.2d 451, this Court 'It is well settled in Texas that the award of an arbitrator in a matter properly submitted to arbitration ......
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Albert v. Albert
...v. McKenzie Const. Co., 136 Tex. 315, 150 S.W.2d 989 (1941); Smith v. Barnett, Tex.Civ.App., 373 S.W.2d 762; Johnson v. American Can Co., Tex.Civ.App., 361 S.W.2d 451; Johnson v. Korn, Tex.Civ.App., 117 S.W.2d 514, wr. ref. Generally speaking, a valid award of the arbitrator in the matter s......
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Pre-Trial Proceedings
...argument that the arbitrator’s decision was “against the overwhelming weight of the evidence.” See also Johnson v. American Can Co. , 361 S.W.2d 451, 453 (Tex. Civ. App. — Houston [1st Dist.] 1962, writ ref’d n.r.e.); J.J. Gregory Gourmet Serv., Inc. v. Antone’s Import Co. , 927 S.W.2d 31, ......
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Table of Cases
...3.02 Johnson & Higgins, Inc. v. Kenneco Energy , 962 S.W.2d 507, 515 (Tex. 1998), §§10.16, 10.26 Johnson v. American Can Co. , 361 S.W.2d 451, 453 (Tex. Civ. App.—Houston [1st Dist.] 1962, writ ref’d n.r.e.), §8.01.5 Johnson v. Georgia Highway Express, Inc. , 488 F.2d 714 (5th Cir. 1974), §......