Brand v. Sorrells
Supreme Court of Georgia
Arbitrament and. award. Before Judge Bioe. Walton Superior Court. February Term, 1878. Brand et al. brought complaint for land against Sorrells. The latter, among other things, pleaded arbitrament and award, under a rule of the'United States district court.
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Arbitrament and. award. Before Judge Bioe. Walton Superior Court. February Term, 1878. Brand et al. brought complaint for land against Sorrells. The latter, among other things, pleaded arbitrament and award, under a rule of the'United States district court. Plaintiffs moved to strike this plea, claiming want of jurisdiction in the circuit court; the motion was overruled, and the court charged the jury in effect, that if the land in dispute had been the subject of an arbitration and award between the parties, they would be bound by it. The jury found for defendant. Plaintiffs moved for a new…
1Opinion of the Court
Jackson, Justice.
The plea of the defendant in this case, which we think controls it, is an arbitration and award made by arbitrators and an umpire, duly appointed by the parties. By that award the land sued for was set apart to the defendant, and the title vested in him.
The award is not impeached on any ground of fraud or illegal conduct of the arbitrators, but solely on the ground *164that the United States district court, which made the award its judgment had no jurisdiction of the case. We think it had jurisdiction thereof; but even if it had none, the award would be good under our Code,…
2Cited by2 opinions
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- Jones v. BondSupreme Court of Georgia · 1886