59 Tenn. 25 | Tenn. | 1873
delivered the opinion of the court.
In May, 1871, a suit was pending in the Circuit' Court of Gibson County, in which B. L. Flowers was plaintiff and Martin Halliburton was defendant. By written agreement signed by the parties, the cause was submitted to the arbitrament of C. A. Brown, E. Boy-ett, and J. H. McDaniel. On the 1st of July, 1871, two of the arbitrators met with the plaintiff and defendant, for the purpose of arbitrating the cause. McDaniel, the third arbitrator, was absent, on which account the parties agreed, very willingly as the witnesses say, that Jesse Heedham be substituted in the
The objections taken to this judgment and proceeding are all, as we think, based upon a misconception of the object and purpose of the legislation upon the subject of arbitration, embraced in the Code. By the common law, there was no power in the courts to make any reference to arbitrators a rule of court, and to make their award the judgment of the court, unless
The object, however, of these provisions, and of the provisions of the other sections of the Code on the-subject, is to give to the courts jurisdiction to enter-judgment and award execution upon awards when the matters submitted are not already in litigation in the courts. A compliance with the statutory requirements confers upon the court agreed upon, jurisdiction of the parties and of the subject matter, just as if the parties had been brought into court bv the service of process. We do not understand that this legislation repeals or alters the common law rule, that a parol submission to arbitration is binding, and gives a good cause of action to the party in whose favor the award is made, for the amount thereof.
The case in hand was an original suit upon an award made, and not an application to enter an award-as the judgment of the circuit court. We think, therefore, that tbe statutory requirement, that the arbitrators shall be named in writing, is not applicable to
We have already expressed the opinion that the present case was not affected by the statute, and it follows, therefore, that the decision just cited is a controlling authority in this case.
Let the judgment of the circuit court be affirmed.