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65 Wis. 187

Call v. Ballard

Wisconsin Supreme Court

Decided February 2, 1886

Wisconsin Supreme Court · decided 1886-02-02

The case is thus stated by Mr. Justice Cassoday: “The following facts are, in effect, alleged in the complaint in this action, which is based upon an award of arbitrators and to recover the amount awarded: “ October 9, 18S2, the plaintiff commenced an action in the circuit court for Rock county to recover for work, labor, and services performed for the defendant by the plaintiff, his wife, team, and horses, and for the use of wagon, harnesses, tools, implements, etc., and…

Cited by 3 later decisions — most recently December 1901

3 state decisions

Relies on Bancroft v. Grover · Dolph v. Clemens · Slocum v. Damon

Good law ✅— No negative treatment on recordhow we know

Decided 1886-02-02

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Oassoday, J.

¶1The only objection made to the complaint is that the award is void by reason of the arbitrators having failed to fully determine all the questions submitted to them. It is true that all the matters of difference between the parties, and at issue in the original action, were submitted to the arbitrators. The award does not in express terms specifically pass upon each and every issue made by the pleadings. But the recitals given indicate that they were all considered and passed upon by the arbitrators. The amount awarded was very much less than the amount claimed by the plaintiff in the original action, and was, as we think, found by the arbitrators as a general balance in favor of the plaintiff and against the defendant, after fully considering the defendant's answer and the proofs upon his counterclaim and matters of defense. Like a general verdict, it was the general balance struck by the arbitrators upon all the issues made by the pleadings and established by the proofs. True, this is giving to the award a liberal construction; but such is the construction we are required to give. Slocum v. Damon, 1 Pin. 520; Dolph v. Clemens, 4 Wis. 186; Bancroft v. Grover, 23 Wis. 463; McCourt v. McCabe, 46 Wis. 597. Tlie cases cited by the learned counsel for the defendant are not in conflict with the rule stated, and, under the construction thus given to the award, they are clearly distinguishable.

¶2The matters of costs, fees, etc., were expressly provided for in the submission, and no objection is made to the award on their account.

¶3By the Court.— The order of the circuit court is affirmed.

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