Johnston v. Paul
Supreme Court of Minnesota
This action was brought in the district court for Nicollet county, to set aside a judgment entered on an award of arbitrators, and, on appeal, affirmed by this court, (Johnston v. Paul, 22 Minn. 17,) and for an account of the profits of the business of a certain tannery, carried on by plaintiff and defendant, which was among the matters submitted to, and passed on, by the arbitrators.
Read the full summary
This action was brought in the district court for Nicollet county, to set aside a judgment entered on an award of arbitrators, and, on appeal, affirmed by this court, (Johnston v. Paul, 22 Minn. 17,) and for an account of the profits of the business of a certain tannery, carried on by plaintiff and defendant, which was among the matters submitted to, and passed on, by the arbitrators. The ground on which the plaintiff sought to set aside the judgment was the alleged introduction, by defendant, of false books of account in •evidence before the arbitrators. The action was referred to L. M.…
1Opinion of the CourtCornell, J.
The main question involved in this case relates to the effect of a judgment rendered upon an award made under and in pursuance of the provisions of Gen. St. c. 89, and whether such judgment can be impeached or set aside, in an action brought for that purpose, for matters occurring at the hearing before the arbitrators, or otherwise, which would bo good cause for vacating the award apd resubmitting the same under the statute, or for any matters which would be good ground for opening the judgment by the court wherein it was rendered, upon an application in due time for that purpose.
It is…
2Cases cited1 opinion
- State v. BachelderSupreme Court of Minnesota · 1861
3Cited by6 opinions
- Freeman v. WoodNorth Dakota Supreme Court · 1901
- Stewart v. DuncanSupreme Court of Minnesota · 1889
- State v. HonerudSupreme Court of Minnesota · 1896
- Wieland v. ShillockSupreme Court of Minnesota · 1877
- McElroy v. HooperWashington Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.