Lansdale v. Kendall
Court of Appeals of Kentucky
Award. From the Circuit Court eor Bullitt County. When arbitrators have once decided the controversy submitted to them, made an award, and given the parties notice of it, their authority is exhausted ¡they can not afterwards, either alter their decision, or amend the award, The possession of an award, apparently complete, by one of the parties to it, (in the absence of any proof as to how he obtainedj is prima facie evidence, that the arbitrators delivered it to him as…
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Award. From the Circuit Court eor Bullitt County. When arbitrators have once decided the controversy submitted to them, made an award, and given the parties notice of it, their authority is exhausted ¡they can not afterwards, either alter their decision, or amend the award, The possession of an award, apparently complete, by one of the parties to it, (in the absence of any proof as to how he obtainedj is prima facie evidence, that the arbitrators delivered it to him as their. ¿Ward. And a different award, afterwards made, and returned by them, is held to have been made, without authori-' ty.
1Opinion of the CourtChief Justice Robertson
The judgment sought to be reversed in this case, was rendered on an award purporting to have been made in May, 1835, upon a submission, by order of Court, of an action of assumpsit pending between the parties; and the plaintiff in error objected to the judgment, on the ground, that the arbitrators, having exhausted their power by making a previous award, in March, 1835, had no authority to make the award of May succeeding, and which, as he contended, was therefore void.
The award of March was produced by the plaintiff, and was proved to have been signed and sealed by the arbitrators. It…
2Cases cited1 opinion
- Martin v. OnealCourt of Appeals of Kentucky · 1822
3Cited by3 opinions
- Indiana Central Railway Co. v. BradleyIndiana Supreme Court · 1855
- Smith v. SmithIllinois Supreme Court · 1862
- Whitlock v. LedfordCourt of Appeals of Kentucky · 1884