Tomlinson v. Hardwick
Supreme Court of Georgia
Arbitration. Bill of Exceptions. Before Judge Clark. Sumter Superior Court. November Term, 1870. William Tomlinson and his brothers and sisters, children of Jared Tomlinson, filed a bill against Styes as to the north half of a lot of land in said county, which they claimed to hold under their father; and William M. Hardwick and George Slappey had a controversy with said complainants as to the south half of said lot.
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Arbitration. Bill of Exceptions. Before Judge Clark. Sumter Superior Court. November Term, 1870. William Tomlinson and his brothers and sisters, children of Jared Tomlinson, filed a bill against Styes as to the north half of a lot of land in said county, which they claimed to hold under their father; and William M. Hardwick and George Slappey had a controversy with said complainants as to the south half of said lot. In both, the title and right of possession were in controversy. They all agreed to submit these matters to arbitration, with power in the arbitrators to award to whom said title…
1Opinion of the Court
McCAY, Judge.
It is no longer a mooted question before this Court, that an award is final and conclusively between the parties, unless exceptions are filed, according to secs. 4183, 4184 of the Revised Code. We have intimated in the case of Shaifer v. Baker & Carswell, 38 Ga., 138, that an award might be illegal, under this section of the Code, if it should be so contrary to the testimony as to require an interference, that it was corrupt, or founded on gross mistake of fact or law, and we are still of that opinion. But as we have held in the cases above alluded to, the exceptions must so set…
2Cases cited1 opinion
- A. C. Shaifer & Co. v. Baker & CaswellSupreme Court of Georgia · 1868
3Cited by4 opinions
- Culbreth v. SmithSupreme Court of Georgia · 1947
- Bates v. British America Assurance Co.Supreme Court of Georgia · 1897
- Barnes v. AverySupreme Court of Georgia · 1941
- Barnes v. AverySupreme Court of Georgia · 1941