Hubbel v. Baldwin

Ohio Supreme Court

Hubbel v. Baldwin

1 Wright 86, 1 Ohio Ch. 86

DecidedAugust 15, 1832

StatusPublished

This text of 1 Wright 86 (Hubbel v. Baldwin) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hubbel v. Baldwin, 1 Wright 86, 1 Ohio Ch. 86 (Ohio 1832).

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Opinion

WRIGHT, J.

The act of assembly authorizes an award of arbitrators, made pursuant to a submission Under arbitration bonds, to be made a rule of any court of record. That description, in the .sense used in the act, does not include' a justice’s court; By the terms, courts Of record, the legislature is understood as intending to describe a higher court than that of a justice of the peace; a court with a common seat, whose proceedings are according to the course of the common law, where the proceedings are in writing, and where a full final record of the judgments is made. Such courts proceed by rule sometimes — justices do not. The arbitration bond in this case, therefore, is not taken under the statute, nor is the award a statutory one. No power is acquired under the act, to enter an ex parte judgment. If it were a statutory submission bond and award, no judgment could be entered on the award without a rule and, notice, giving the party to be charged, day in cowt. It is not necessary to decide Whether this bond is a good common law bond.

The judgment of the Court of Common Pleas is reversed, with costs.

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WRIGHT, J.

The act of assembly authorizes an award of arbitrators, made pursuant to a submission Under arbitration bonds, to be made a rule of any court of record. That description, in the .sense used in the act, does not include' a justice’s court; By the terms, courts Of record, the legislature is understood as intending to describe a higher court than that of a justice of the peace; a court with a common seat, whose proceedings are according to the course of the common law, where the proceedings are in writing, and where a full final record of the judgments is made. Such courts proceed by rule sometimes — justices do not. The arbitration bond in this case, therefore, is not taken under the statute, nor is the award a statutory one. No power is acquired under the act, to enter an ex parte judgment. If it were a statutory submission bond and award, no judgment could be entered on the award without a rule and, notice, giving the party to be charged, day in cowt. It is not necessary to decide Whether this bond is a good common law bond.

The judgment of the Court of Common Pleas is reversed, with costs.

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Bluebook (online)

1 Wright 86, 1 Ohio Ch. 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hubbel-v-baldwin-ohio-1832.