Phelps v. Dolan

Citations

• 75 Ill. 90

Syllabus

<p>1. Appeal—does not lie from judgment of circuit court reversing that of county court. The judgment of the circuit court reversing a judgment rendered in the county court, and remanding the cause, is not a final judgment, and no appeal lies from it.</p> <p>2. Abbitbatobs — liability to contestant. Where two parties submitted their matters to arbitrators, the plaintiff putting up $40 in the hands of the arbitrator selected by him, as security for any award against him, and the other arbitrator agreed to be responsible to the extent of $40, for any award against the other party ; and upon an award in favor of the plaintiff of $15, the arbitrator agreeing to be responsible, paid him that sum: Held, that the arbitrators, or either of them, were not liable to the plaintiff on the ground that an account for wheat was improperly included in the award.</p> <p>3. Arbitration —parol submission and award, good. A parol submission to arbitrators and award are valid and binding upon the parties, as a common law arbitration.</p>