Moody v. Nelson

• Decision Date: 30 September 1871
• Citation: 1871 WL 8121,60 Ill. 229
• Parties: JOSEPH MOODYv.HENRY NELSON et al.
• Court: Illinois Supreme Court

60 Ill. 229

1871 WL 8121 (Ill.)

JOSEPH MOODY

v.HENRY NELSON et al.

Supreme Court of Illinois.

September Term, 1871.

WRIT OF ERROR to the Circuit Court of Kane county; the Hon. SILVANUS WILCOX, Judge, presiding.

Messrs. COLEMAN, MADDEN & BYFORD, for the plaintiff in error.

Messrs. BOTSFORD, BARRY & HEALY, for the defendants in error.

Per CURIAM:

This is a writ of error to the Kane county circuit court, to bring up for review a judgment entered in that court upon the award of arbitrators.

The 1st section of the statute, under which this proceeding was had, is as follows: “All persons having the requisite legal capacity may, by an instrument in writing, to be signed and sealed by them, and attested by at least one witness, submit to one or more arbitrators any controversy existing between them, not in suit; and may, in such submission, agree that a judgment of any court of record, competent to have jurisdiction of the subject matter, to be named in such instrument, shall be rendered upon the award made pursuant to such submission.”Gross' Stat. 51.

The submission under which the award was made, is not in conformity with the statute.It was not attested by any witness, nor does it contain any agreement that a judgment shall be rendered upon the award made pursuant to such submission.All that it...