Nelson v. Hinesley

3 Blackf. 432, 1834 Ind. LEXIS 47

Opinion

THE parties in this case agreed, in March, 1833, by a writing under seal, that certain matters in difference between them .should be referred to arbitrators; that the parties should, at their peril, take notice of the time and place of the meeting of the-arbitrators; that the award should be made a, rule of the Marion Circuit Court; and that judgment should be entered on the award, if against Kelson, at the next term of the Court.

, In May, 1833, the arbitrators filed in the clerk’s office, the agreement of submission, -and their a.ward against Kelson for 50 dollars with costs. At the September term of the Court, Hinesley appeared; Kelson made default; and judgment was rendered on the award.

Held, that previously to the rendition of judgment in this case, the award should have been recorded, and a rule taken and served on Kelson, to show cause why the award should not be made the judgment of the Court; and that as these previous steps had been omitted, the judgment was erroneous.