3 Stew. 492 | Ala. | 1831
The question occurs, was the judgment of the Circuit court authorised by law; for I understand the assignment of error, that there was no order, submitting the matters in controversy .to the arbitrators, as bringing this question before us, for our decision.
■ It cannot be pretended, that this award was made, under either the statute of 1819, or that of 1824, which prescribe the manner in which submissions of differences between parties, either before or after suit brought, shall be made to arbitrators. These are the only statutes we have on the subject: Therefore it'is a common law award, and the judgment rendered on it, must be tested by common law rules. At common law, awards stand the same light with other agreements. When fairly and properly made, they are considered as agreements between the parties to them, which will be enforced in a court of law.— But they must be enforced by regular suit, and the party, in whose favor an award is made, cannot bring it into court, and have it made the judgment of the court; but must sue out his writ, file his declaration and proceed, as in other cases. The
Suppose A. was to give a bond to B., payable six months after date, for a thousand dollars, with a condition,' that if not paid, B. should be entitled to judgment upon producing the bond at the first term of the Circuit court, which should be held after its maturity — would the court be authorised, by law, to give judgment, upon the production of the bond, according to this condition ? I think not. If a decision of this kind were made, we should soon see such conditions appended to all the instruments for the payment of money executed in the State, and the courts of Chancery would be resorted to by every person, who had, or believed hé had a defence.
The judgment is reversed.