Goldsmith's Adm'r v. Tilly ( 1802 )


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  • Chase, Ch. J.

    delivered the opinion of the court» Every ground of relief in equity against an award,, fs equally open in this court, upon motion, in a summary way, 3 Burr. 1258, 9.

    The court will not enter at all into the merits of the matter referred to arbitrators; but only consider such legal objections as appear on the face of the award, and such as go to the misbehaviour oí arbitrators. 2 Burr. 701. Adj. Ca. 109.

    A palpable mistake in law or fact, is good cause to set aside an award, if it is apparent on the face of the award. 1 Vern. 157, 3. 2 Vern. 705. 3 Atk. 644. 1 Atk. 64. 1 Ch. Rev. 76. Brownl. 63. Cro. El. 904, 1 Rol. Ab. 251.

    The court will not unravel the matter and examine into the justice and reasonableness of what is awarded. 1. Stra. 301. Adj. Ca. 105.

    Judgment entered on the award.

Document Info

Judges: Chase

Filed Date: 10/15/1802

Precedential Status: Precedential

Modified Date: 11/8/2024