Green v. Shields
Supreme Court of Georgia
Illegality. Decided by Judge Vason. Sumter Superior Court. April Term, 1867. This case came up on the bill of exceptions without more.
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Illegality. Decided by Judge Vason. Sumter Superior Court. April Term, 1867. This case came up on the bill of exceptions without more. It appeared that said parties had submitted to certain persons, as arbitrators, to determine what amount (if anything) was due on a promissory note given by Green to Shields; an award had been made up, and at the October adjourned term at the said Court, 1866, said award had been made the judgment of said Court without any copy or notice whatever to Green, the defendant, before the regular term in October, but with notice to him between the regular term and…
1Opinion of the CourtHarris, J.
I. The proper time for objections to be made by one dissatisfied with an award in pursuance of a reference, would seem to *36be when the award is returned to Court, or at farthest, when the motion is made to make the award the judgment of the Court. It is presumed that such motion has been regularly entered on the motion docket, so that all persons interested may be presumed to have notice.
These matters of practice must rest in the sound discretion of the'Court, and be determined by the attending circumstances.
The notice given in this case by the arbitrators to the plaintiff in error of the…
2Cited by1 opinion
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