Hall v. Carter
Supreme Court of Georgia
Exceptions to an award, in Baldwin Superior Court. Decided by Judge Johnson, February Term, 1850. Tho plaintiffs in error, as legatees under the will of George W. Murray, deceased, filed a bill against Farisli Carter and Michael J. Konan, the executors thereof, for an account and settlement.
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Exceptions to an award, in Baldwin Superior Court. Decided by Judge Johnson, February Term, 1850. Tho plaintiffs in error, as legatees under the will of George W. Murray, deceased, filed a bill against Farisli Carter and Michael J. Konan, the executors thereof, for an account and settlement. This cause, under a rule of the Court, was referred to the arbitrament of counsel named, by which rule the arbitrators, on request of either party, were required to reduce to writing any decision they might make upon any question of law; which decision might, by either party, be submitted to the judgment…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The Circuit Judge confirmed the award of the arbitrators, and from his judgment a writ of error is taken. The arbitrators held, as an inference of law, from the facts before them, that the executors of Murray, (Carter and Kenan,) are not jointly liable for the nine thousand dollars and upward, of choscs in action, not collected, but that Kenan alone is liable. Whether their judgment of the law upon the facts be right, is the question for our determination. It is first important to state, definitely, what those facts are; for it will be seen that…
2Cases cited2 opinions
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