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Springer v. Schultz

Supreme Court of California
Jan 19, 1884
64 Cal. 454 (Cal. 1884)

Opinion

         APPEAL from a judgment of the Superior Court of the county of Colusa.

         COUNSEL:

         Hart & Hart, for Appellants.

         Stabler & Bayne, for Respondents.


         OPINION

         PER CURIAM.

          [2 P. 33] The facts sufficiently appear in the head note and the opinion of the court.

         Four distinct and separate submissions to arbitration were executed by the defendants on the one part, and by each of the plaintiffs on the other.

         The arbitrators awarded to the plaintiffs, jointly, costs in the amount of $744.

         It is clear that it was the duty of the arbitrators to render a separate award, on the submissions respectively, as between defendants and each of the plaintiffs.

The only questions are:

         First, is the award as to costs binding, because defendants assented to it by consenting to one trial, in which the rights of all the present parties were investigated; second, did they become liable for the costs, by paying to the plaintiffs separately the amount of damages awarded to each.

         We do not think the defendants are estopped from asserting the invalidity of the award as to costs (on the ground that no authority for such an award was conferred by any or all of the several submissions), either by consenting to a common trial or by paying the separate sums awarded as damages.

         Judgment affirmed.


Summaries of

Springer v. Schultz

Supreme Court of California
Jan 19, 1884
64 Cal. 454 (Cal. 1884)
Case details for

Springer v. Schultz

Case Details

Full title:FREDERICK SPRINGER ET AL., APPELLANTS, v. F. W. SCHULTZ ET AL., RESPONDENTS

Court:Supreme Court of California

Date published: Jan 19, 1884

Citations

64 Cal. 454 (Cal. 1884)
2 P. 32

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