Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 39

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 39

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ... the dismissal of the appeal? We think not. If the original judgment was merged in the award and the judgment thereon, then it had ceased to exist as a judgment, and consequently the suit should have been dismissed, and not the appeal. We are unable to see any merits in the motion of the appellant to dismiss the appeal from the judgment on the award. If the justice of the peace had jurisdiction, a question which we will hereafter consider, and rendered a legal and valid judgment on the award, an appeal would lie from such judgment as from any other judgment rendered by a justice of the peace; and if such justice possessed no jurisdiction, then the suit, and not the appeal, should have been dismissed. It remains for us to inquire and determine whether the award and the judgment rendered thereon were valid. Various objections were urged against the validity of the award. We do not deem it necessary to pass upon all of these objections. The first objection does not go to the regularity of the proceedings in arbitration, but presents the question of whether the justice of the peace possessed jurisdiction to render any judgment on the award. If the court possessed no jurisdiction, its judgment would be void, and the court did right in dismissing the action. The first objection is, that a submission to arbitration under our statute cannot be made a rule of court in the court of a justice of the peace, and that, consequently, the justice of the peace who rendered the judgment on the award possessed no jurisdiction over the subject of the action, and that, therefore, any judgment rendered by him would be void. We are not aware of any adjudged casein this court bearing upon the question, and its solution, therefore, will depend upon the more

Product details

  • Paperback
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236905067
  • 9781236905062