{
  "id": 435700,
  "name": "Nathan Cromwell, Plaintiff in Error, v. Enoch C. March, Defendant in Error",
  "name_abbreviation": "Cromwell v. March",
  "decision_date": "1829-12",
  "docket_number": "",
  "first_page": "295",
  "last_page": "296",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Breese 295"
    },
    {
      "type": "official",
      "cite": "1 Ill. 295"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 210,
    "char_count": 3306,
    "ocr_confidence": 0.585,
    "sha256": "583907401a191b7f530fe8c9151a6412344c82d1530420ecdc2703199619fb6e",
    "simhash": "1:7e8b016d192b8045",
    "word_count": 591
  },
  "last_updated": "2023-07-14T17:01:48.520166+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Nathan Cromwell, Plaintiff in Error, v. Enoch C. March, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Opinion of the Court by\nJustice Lockwood.\nThe facts of this case are, that March and Cromwell, having several matters of difference, agreed to arbitrate the same, and in their agreement is the following clause, to wit: \u201c Which award is to be entered of record and made a rule of court at the next term of the Morgan county circuit court, and which award when entered, is to have the force and effect of a judgment.\u201d Subsequent to the making of the award, March served notice of his intention to apply for a judgment on the award, and the circuit court of Morgan county gave judgment by default, at the April term, 1829, on the award. A writ of error has been brought to reverse this judgment. Several errors have been assigned, but the court only deem it necessary to decide, whether the circuit court had jurisdiction over the case, so as to give any judgment on the award. By the \u201c act regulating arbitrations and awards,\u201d passed January 6th, 1827, it is enacted that \u201c where persons are desirous to terminate disputes by arbitration, agree that their submission to arbitrate shall be made a rule of the circuit court,\u201d and \u201c insert such, their agreement, in the submission, or in the condition of the bond or promise; \u201d which agreement, on producing an affidavit of the due execution thereof, and filing it in court, may be entered of record, and a. rule of court shall thereupon be made that the parties shall submit to and be finally concluded by such arbitration. It is further enacted, \u201c that where the award shall be for the payment of money only, the same being returned into and accepted by the court, judgment shall be rendered thereon for the party in whose favor the award is made, to recover the sum awarded to be paid to him, together with the costs of arbitration and the costs of court,\u201d <fcc. It is contended that the agreement that the \u201c award \u201d shall be made a rule of court, does not bring the case within the statute. The English statute on this subject contains the same phraseology, \u201c that the consent expressed in the bond or agreement, must make the submission a rule of court,\u201d and under their statute it was decided, if the agreement be to make the award a rule of court, it is not within the act. 2 Sellon\u2019s practice, 244, cites Strange, 1178. Upon the authority of this case, the court are of opinion that the circuit court of Morgan county erred in taking cognizance of the case. The judgment must therefore be reversed with costs; In giving this judgment the court do not express any opinion as to the validity of the award. The arbitration and award will therefore stand, and the rights of the parties under them, in the same manner as if no judgment had been rendered on the award.\nBreese and McConnell, for plaintiff in error.\nW. Thomas, for defendant in error.\nJudgment reversed.\nRev. Code of 1827, p. 64.\nSee note to Chandler v. Gay, ante, p. 88.",
        "type": "majority",
        "author": "Justice Lockwood."
      }
    ],
    "attorneys": [
      "Breese and McConnell, for plaintiff in error.",
      "W. Thomas, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Nathan Cromwell, Plaintiff in Error, v. Enoch C. March, Defendant in Error.\nERROR TO MORGAN.\nWhere parties agree to submit their differences to arbitration, and agree that \u201c the award is to be entered of record and made a rule of court at the next term, and which award, when entered, is to have the force and effect of a judgment,\u201d it is irregular and erroneous for the circuit court to enter up a judgment on the award."
  },
  "file_name": "0295-01",
  "first_page_order": 295,
  "last_page_order": 296
}