Sheets v. Rudebaugh

The opinion of the court was delivered by

Huston, J.

— The errors assignéd were errors in fact, and that principally relied on,, was, that Sheets had no notice to appear, and did not appear before the .arbitrators: that, in fact,.he was in the state of Ohio when they sat and decided the cause, and this was offered to be proved in this court.

The report, however, in the body of it stated, that the arbitrators heard the parties, their proofs and allegations; and it has been more than once decided, that what appears in the report cannot be contradicted in this court by affidavit: the judgment then…