California Academy of Sciences v. Fletcher

Citations

• 99 Cal. 207
• 33 P. 855

Syllabus

<p>Arbitration— Clerks Entry of Submission—Amendment of Defects in Register before Judgment upon Award. —An entry by the clerk in his register of actions of the submission of a cause to arbitration, which complies with section 1283 of the Code of Civil Procedure in all respects other than that it fails to contain the names of the arbitrators, or the time limited for the rendering of the award, may be amended at any time before entry of judgment on the award, and such entry, when taken in connection with a subsequent amendment by adding to the register the names of the arbitrators, and the time limited, is a sufficient compliance with the code to sustain judgment upon the award, though the amendment is made after the filing of the award.</p> <p>Id.—Submission not Revocable after Award.—After an award under a submission to arbitration neither party can revoke the submission.</p> <p>Id.—Restriction of Right of Revocation—Construction of Code.—The provision of section 1283 of the Code of Civil Procedure to the effect that where it is stipulated that a submission to arbitration may be entered as an order of the court, after the clerk has entered the proper order, “ the submission cannot be revoked without the consent of both parties,” is a restriction and not an enlargement of the right of revocation.</p> <p>Id.—Meaning of “Thereupon”—Jurisdiction to Enter Judgment. — The provision of section 1283 of the Code of Civil Procedure to the effect that, after the filing of the stipulation of submission the clerk must “ thereupon ” enter a note of the submission in the register of actions, does not require that it should be entered immediately, and where there is a full entry of everything required by the code at the time of the entry of judgment upon the award, there is jurisdiction to enter the judgment.</p>