Muldrow v. Norris
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, for the County of Sacramento. At the March Term, 1851, of the District Court, Muldrow filed in said Court, sealed articles of submission, dated February 14th, 1851, executed by himself and Norris, reciting that various differences had long existed between the parties, and submitting all matters of difference, suits, &e., arising or accrued before the 1st day of December, 1850, to White, Homer and McDaniel, and…
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Appeal from the District Court of the Sixth Judicial District, for the County of Sacramento. At the March Term, 1851, of the District Court, Muldrow filed in said Court, sealed articles of submission, dated February 14th, 1851, executed by himself and Norris, reciting that various differences had long existed between the parties, and submitting all matters of difference, suits, &e., arising or accrued before the 1st day of December, 1850, to White, Homer and McDaniel, and agreeing that the award of them, or any two of them, should be final and conclusive; and constituting the said…
1Opinion of the CourtJustice Murray
It is unnecessary, for the determination of this cause, to consider many of the points raised on the argument. The first point we propose to examine, is, as to the power of the Court below to inquire into the award now before us. It is a well settled principle that courts of equity, in the absence of statutes, will set aside awards for fraud, mistake, or accident, and it makes no difference whether the mistake be one of fact or law. It is true, under a general submission, arbitrators have power to decide upon the law and facts: and a mere mistake of law cannot be taken advantage of. The…
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