Ridgill Bros. v. Dupree

• Court: Texas Court of Appeals
• Writing for the Court: Fisher
• Citation: Ridgill Bros. v. Dupree, 85 S.W. 1166 (Tex. App. 1905)
• Decision Date: 08 March 1905
• Parties: RIDGILL BROS. v. DUPREE.

85 S.W. 1166

RIDGILL BROS. v. DUPREE.

Court of Civil Appeals of Texas.

March 8, 1905.

Appeal from Tom Green County Court; Milton Mays, Judge.

Controversy between Ridgill Bros. and L. C. Dupree. From the judgment, Ridgill Bros. appeal. Reversed.

Dubois & Allen, for appellants.

FISHER, C. J.

There is much evidence in the record—in fact, it seems to preponderate —in favor of the title of the appellee Dupree to the animal in controversy; and, but for the issue of arbitration, as disclosed by the pleadings and evidence, we would affirm the judgment of the trial court. But as we view the testimony—and we have carefully considered the same—the evidence is convincing to the effect that there was a commonlaw arbitration between the parties to this suit of the title to the animal in question; and, in our opinion, there is no evidence attacking the validity of that arbitration and its binding effect. The arbitrators awarded the animal to the appellants. It is true that the witness Dupree does state that at the arbitration the appellants introduced no evidence. The whole reading of the testimony of appellee, together with the evidence of the other witnesses who testified as to the fact that there was an arbitration, clearly shows that this statement of his could not be construed to mean that the appellants did not, before the arbitrators, offer any evidence of title, but that, merely in the opinion of the witness, such evidence as was offered by them did not establish the title in the appellants. The arbitration was not under the statute, but is governed by the rules of the common law; and it seems to have been fairly conducted, and the award fairly reached, based upon evidence. How much we may be convinced...