Pike v. Stallings

• Decision Date: 30 September 1883
• Citation: 71 Ga. 860
• Court: Georgia Supreme Court
• Parties: Pike. vs. Stallings.

71 Ga. 860

Pike. vs. Stallings.

Supreme Court of the State of Georgia

SEPTEMBER TERM, 1883.

1. Certain matters, in controversy between the parties, were submitted to arbitration on the following agreement: "Whereas there is a certain controversy or disagreement between Luther Stallings and Ellen Pike both of said county and state, regarding a sale of a certain tract of land in said county, upon which said Luther Stallings has made one crop, and touching the terms of said sale and the personalty included in said sale. And whereas said both parties wish to rescind said trade, and said Ellen Pike and Luther Stall ngs cannot agree as to the amount to be paid by said Ellen Pike to said Luther Stallings, and Ellen Pike take the crop as it now stands, and trade be canceled; or the amount to be paid by Luther Stallings to said Ellen Pike, and Luther Stallings take the crop as it now stands, and trade be canceled. Now, therefore, know all men by these presents, that the said Ellen Pike and Luther Stallings have agreed, and do hereby agree, to and with each other, the one to the other, to submit to Ira J. Newman, selected by Luther Stallings; William Halroyd, selected by Ellen Pike, and John J. Newman, selected by said Ira J. Newman and William Halroyd, the entire settlement of said matters in dispute; and they the said Ellen Pike and Luther Stallings hereby mutually bind themselves, each to the other, their heirs and legal representatives, to stand to and abide and comply with the decision that shall be made by said arbitrators touching such settlement, or a majority of said arbitrators. They further agree that, in order that they shall be compelled to abide the same, that the decision of said arbitrators shall have the same force as a judgment of the superior court would have, and that said decision, when reduced to writing, shall be made the judgment of the superior court at this October term ensuing, by consent of both parties hereto, which is hereby given; and that, in the event said award has not been previously complied with, that upon making the same the judgment of the superior court as above provided, that execution for the sum awarded as aforesaid issue instanter in favor of one or the other party, as the award may be in favor of the one or the other: "

Held, that the only matter submitted to the arbitrators is, who shall take the crop, and what shall be paid the other party therefor.

2. An award in the following: "We, the arbitrators, find and agree...