Cunningham v. Craig

Citations

• 53 Ill. 252

Syllabus

<p>1. Submission to arbitration—effect thereof upon pending suit. In a suit in chancery, a reference was made to the master, and pending such reference, the parties mutually agreed to submit the matters in difference to three persons as arbitrators, upon whose award the court should have power to enter a decree. The arbitrators made their award, that the bill should be dismissed. At the next term of the court, an order was entered discontinuing the suit,4for the reason that the matters in dispute had been submitted to arbitration. This was proper. The submission of the pending suit operated as a discontinuance thereof.</p> <p>2. Same—questioning the validity of the award. The validity of the award could not be questioned in that suit, because, by the fact of submission, the cause was out of court. But the dismissal of the suit did not determine the validity of the award. That was still open to attack, and might be shown, in a proper action, not to be binding, and therefore no bar to another suit on the same cause of action.</p> <p>3. Bill of exceptions—when necessary. In case of the discontinuance of a cause upon the ground that the parties had submitted the matters in dispute to arbitration, if it is desired to question the fact of submission, the evidence in respect thereto should be preserved in a bill of exceptions. In the absence of proof to the contrary, it will be presumed the court below decided correctly, that there was a submission.</p>