3 Iowa 463 | Iowa | 1856
The motion to dismiss- the cause- was correctly overruled. It was based upon the fact, that the parties had'submitted the subject matter of the suit to arbitration, upon which there had been an award in favor of defendant, as shown by his answer, filed before the justice. This was denied, however, by plaintiff, as appears by tbe justice’s transcript, and a written replication found in tbe record. . And thus was raised an issue of fact, .which could only he deter
Judgment reversed.