135 Ala. 522 | Ala. | 1902
When parties submit matters in controversy to arbitration, and an award is made pursuant to the agreement of submission, such award is final, unless the arbitrators are guilty of fraud, partiality, or corruption in making it. And like a judgment or decree of a court, it may be pleaded in bar of a subsequent suit founded on the same claim or demand.—Burrus v. Meadows, 90 Ala. 140; Brewer v. Bain, 60 Ala. 153; Yeatman v. Mattison, 59 Ala. 382; Reynolds v. Roebuck, 37 Ala. 408; Willingham v. Harrell, 36 Ala. 583; McRae v. Buck, 2 Stew. & Port. 155. And this is true whether the award is made on arbitration had under the statute or at common law. The award is conclusive, and like a judgment operates by way of estoppel on the parties. 1 Am. & Eng. Ency. Law (1st ed.), 711, Burrus v. Meadows, supra.
The 1st, 2d, 5th and 6th' pleas to the complaint, set up an arbitration and award between the parties. These pleas were demurred to, the grounds being, 1st, “that said pleas do not allege or show that the alleged arbitrators, before making their said alleged award, were sworn im
After demurrer being sustained to the. pleas named, the defendant- filed a 7th .plea setting up in bar of plaintiff’s suit the matter of arbitration and award, but more fully and in conformity with the ruling- of the court on the -demurrers. To this plea the plaintiff filed a special replication. By this replication the plaintiff sought to impeach the award on the ground that the arbitrators were guilty of fraud, partiality, or corruption in making it. The averments in the replication are: “Said 'arbitrators were guilty of fraud, partiality, or corruption in making said aivard, in this, that, they were not sworn and would not be sworn, and refused to him the right to appear and be heard on said arbitration by counsel or attorney; that he employed him an attorney to represent him before said arbitrators and had his attorney present at the time s-aid arbitration was had, and said arbitrators refused to let his attorneys represent him on said arbitration or appear before them in behalf, which was in violation of his right under the constitution of the State of Alabama, as guaranteed in section 11, of the declaration of rights.” Conceding the facts averred in the replication, and they fall far short of showing fraud or corruption on the part of the arbitrators. It cannot be affirmed as matter of law that a refusal to be sworn constituted fraud, or amounted to corruption. Nor was the denial to the plaintiff the right ■to be represented by counsel, fraud or corruption. And going into the arbitration after the refusal by the arbitrators to be sworn or to admit counsel, amounted to a waiver of objection by the plaintiff. Neither does the averment in the replication, that the plaintiff was denied the right to be represented by his attorney on the arbitration, show that the arbitrators were guilty of partiality. It is not averred that this privilege was granted
What we have said with reference to the rulings on the pleadings renders it unnecessary to consider other assignments of error predicated upon exceptions to the charges given and refused by the court.
For the errors pointed out, the judgment will be reversed and the cause remanded.