33 Ala. 476 | Ala. | 1859
The adjustment of controversies, whether existing in the form of pending suits or not, by arbitration, has uniformly been much favored by legislation, as well as by the common law-as understood in this State. Tankersley v. Richardson, 2 Stew. R. 130; Wright v. Bolton, 8 Ala. R. 548; Mobile Bay Road Co. v. Yeind,
Chapter 9, title 2, part 3 of the Code, (including the sections from, number 2709 to 2724,) provides for the ■reference to the decision of arbitrators, to be chosen by the parties, of controversies pending in courts, and also for the reference of any controversy when no-suit is pending. It declares explicitly, that “an award, made substantially in compliance with the provisions of this chapter, is conclusive between the parties 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 is final; unless the arbitrators are guilty of fraud, partiality, or corruption, in making it.—Code, § 2721. And then follows a section in the following words, “Nothing in this -chapter contained prevents any person or persons from settling any matters or controversy, by a reference to .arbitration at common law.”—Code, § 2722.
It is objected to the submission in this case, as we understand it, that it is too concise. We cannot sustain, that objection. One of the objects and benefits of arbitrations is, that they relieve the parties, as well as the courts, of the embarrassment which frequently arises out of pleading.—Bingham’s Trustee v. Guthrie, supra.
Another objection is, that the submission is too general-We do not think it is. In our judgment, it is sufficient.. It contains an intelligible statement of the matters referred, and thus defines with reasonable certainty the boundaries within which the arbitrators were to confine their deliberations, and beyond which they were not to pass. The general words contained in it are restrained by the context, according to a sound rule of construction; and thus the matter in dispute which is referred, is sufficiently understood by the parties, the arbitrators and court.. Scott v. Barnes, 7 Barr, 134; Malcolm v. Fullerton, 2 T. R. 646; Ross v. Watt, 16 Illinois R. 99; Watson on. Arbitration and Awards, 15; Brady v. The Mayor of Brooklyn, 1 Barbour, 584.
Another objection is, that it does not appear from the submission, and the manner in which it was signed, that Jemison in his individual capacity is bound by the submission, or that the corporation is bound by it. The
"Without here noticing in detail all the objections made by the appellant, we are satisfied, after a thorough examination of them, that the submission and award must be treated as a submission and award under the chapter of the Code above referred to; and that, therefore, it was right, under the facts presented in the record, to enter up the award as the judgment of the circuit court of Tuskaloosa county.—Code, § 2710.
Judgment affirmed.