Legal Opinion

Collins v. Louisville & Nashville Railroad

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 10 opinions

This case is brought up on a certificate of appeal granted by the clerk of the Circuit Court of Morgan, but the record does not show any judgment rendered by that court, and the certificate states that the appeal is taken from the award rendered by arbitrators, to whom was submitted a cause pending in that court. •

1Opinion of the CourtBb.ickell, C. J.

This appeal is prosecuted from the award of arbitrators, to whom the parties to a pending suit submitted the matters in controversy for decision. The record does not show that the award has been entered as the judgment of the court in which.the suit was, and, so far as we are now informed, is yet pending. In the absence of a statute authorizing it, an appeal, writ of error, or other revisory remedy, will not lie to any court from the award of arbitrators. The award may be impeached and vacated, whenever the party in whose favor it is rendered relies upon, or seeks its enforcement, if fraud,…

2Cited by10 opinions

  1. Draper v. WalkerSupreme Court of Alabama · 1893
  2. Moss v. UpchurchSupreme Court of Alabama · 1965
  3. Championcomm.net of Tuscaloosa, Inc. v. MortonSupreme Court of Alabama · 2009
  4. Dudley v. FarrisSupreme Court of Alabama · 1885
  5. Honea v. Raymond James Fin. Servs., Inc.Supreme Court of Alabama · 2017

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