108 Ala. 118 | Ala. | 1895
The agreement to arbitrate related to the settlement of partnership transactions between the appellant and the appellee, carried on partly in Alabama and partly in Tennessee, the appellee being a resident of Alabama, and the appellant, of Tennessee. The submission was of matters in dispute, not involved in any pending litigation, settlement of which is provided for by arbitration under section 3222 of .the Code; and the submission was entered into in writing duly signed by the parties in interest, fully in accordance with said section of the Code. The business of the partnership was carried on as stated, a part of the partnership property being at the time in each state. It was competent for the parties to include all their diffei’ences in one submission, whether the transactions out of which they grew arose in the one or the other State, and have them definitely and finally settled between them. An award under a submission of the kind, if legally made, would be binding everywhere between the parties, as to the matters submitted for settlement. When made in conformity to the laws of this State, it would certainly conclude. them here. The chancery court had authority over the subject matter involved, and it had jurisdiction of the person of the appellant, defendant below, by personal service on him, and there was no jurisdictional obstacle intervening to prevent an adjudication of the matters the bill was filed to settle. The time and place of meeting of the arbitrators, whether in the one State or the other, under the circumstances of this case, was
The submission was general, its language being, "to take the books and accounts and all unsettled accounts and outstanding debts of whatever nature between said Edmundson and Wilson, and also Edmundson, Eubanks & Wilson, and make a just and equitable settlement of the same after being duly sworn, and we, each of us, bind ourselves our heirs and assigns forever, to stand to and abide by the decision rendered by the said arbitrators, be what that may.” The parties, as is shown, under this submission, appeared and submitted and offered proof touching all their partnership transactions, — their books, accounts, notes, choses in action, and the real estate owned and held by them or either of them, as belonging to the partnership, and as to which their disputes related, — and the award was made in reference to and in settlement of all such matters. Such proceedings rendered the submission certain and definite as to the matters submitted, and to them the award must be referred. — Brewer v. Baine, 60 Ala. 159 ; Yateman v. Mattison, 59 Ala. 382; Morse on A. & A. 53.
Now, the Code provides, that an award made in substantial compliance with its provisions, is conclusive between the parities thereto and their privies, as to the matters submitted, and cannot be inquired into or impeached for want of form or irregularity, if the award determines the matter or controversy submitted; and such award is final, unless the arbitrators were guilty of fraud, partiality, or corruption in making it. — Code, § 3,232. The statutory provision as to the conciusiveness of awards, is but declaratory of the common law rule on the subject. — Chambers v. Crook, 42 Ala. 171 ; Elrod v. Simmons, 40 Ala. 274 ; Davis v. Forshee, 34 Ala. 107 ; Wright v. Bolton, 8 Ala. 548; Bumpass v. Webb, 4 Port. 65. The award .when legally made is the judgment of a court constituted by the parties themselves
The submission was signed by Edmundson and Eubanks, as well as by Edmundson and Wilson, and they are referred to in the submission as parties to it. But, the real issues were between Edmundson and Wilson, and the award was rendered touching matters in controversy between them, and not as to any matter, so far as appears, between Edmudson and Eubank, as a firm, and Wilson. No right or interest of Eubank was brought forward, and no decision was made as to any right of his. He did not participate in the trial, and is not concluded thereby. The rights of the parties to this suit may have been concluded, and were, by the award if fairly and finally made, without reference to Eubank. —Morse on A. & A. 522 ; A. & E. Ency. of Law, 714.
It is contended on each side, that a final, award was made by the arbitrators, — by Wilson, that the one signed by the arbitrators on the 10th of August, 1891, sought to be enforced by this suit, was the real and final award in the premises, and the defendant insisting, that it was not, but that the one purporting to have been rendered by said arbitrators on the 19th August, 1891, was the only award which was properly rendered, and, therefore, the chancery court was without authority to enforce the specific performance of the one insisted on by the appellee in the bill.
The proofs submitted by the defendant below, fall far short of sustaining his contention. That an award was agreed on, put in writing and signed and delivered by the arbitrators, on the 10th of August, 1891, is clear. The paper writing itself attests that fact. On its face, it purports to be final, and must be so treated, in the absence of evidence legally sufficient for its setting aside. It is said that the arbitrators, in rendering that award, agreed, to meet again, to correct any errors which the parties might find in it. If such had been the case, it would not have been final. — McCrary v. Harrison, 36 Ala. 577. But no such reservation
The award as to the realty belonging to the partnership was clearly within the submission. Evidence was offered by the parties as to the realty, and they each treated it as within the submission. The fact itself that the storehouse was situated in Tennessee did not render the arbitrators incompetent to pass upon the respective rights of the parties therein, nor did it prevent the court from enforcing the award as to the same. — Morse on A. & A 193, 194 ; Penn v. Lord Baltimore, 1 Vesey Sen. 444.
Corrected and affirmed.