Young v. Leaird
Supreme Court of Alabama
Appeal from, the Chancery Court of Barbour. Heard before the Hon. Wade Keyes. This bill was filed by Lewis J. Leaird against Edward B. Young, alleging that, in 1846, Clealand & Danforth obtained a judgment against one John M. Moore, which Moore enjoined by bill in equity; that complainant became surety for said Moore on the injunction bond in said suit; that Moore, being about to remove from the country in 1848, placed a slave in the hands of Young, “for the purpose of…
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Appeal from, the Chancery Court of Barbour. Heard before the Hon. Wade Keyes. This bill was filed by Lewis J. Leaird against Edward B. Young, alleging that, in 1846, Clealand & Danforth obtained a judgment against one John M. Moore, which Moore enjoined by bill in equity; that complainant became surety for said Moore on the injunction bond in said suit; that Moore, being about to remove from the country in 1848, placed a slave in the hands of Young, “for the purpose of holding complainant harmless in the premises,” and Young promised and agreed to hold the slave for that purpose; that in…
1Opinion of the CourtStone, J.
In Morgan v. Mather, 2 Yeser, jr. 15, the lord chancellor stated* that corruption, misbehavior, and excess of power, were'the only three grounds for setting aside an award.
Chaucellor Kent, in a well-considered opinion, after reviewing many authorities, English and American, arrives at the conclusion, that the above are the usual and main grounds for setting aside awards; but he quotes, with apparent approbation, an opinion of Lord Ilardwicke, that relief will be granted in cases of “palpable mistake; as in the instance of a miscalculation in an account, or of a mistake in a plain point of…
2Cases cited2 opinions
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- Bumpass v. WebbSupreme Court of Alabama · 1836
3Cited by3 opinions
- Brewer v. BainSupreme Court of Alabama · 1877
- King v. JemisonSupreme Court of Alabama · 1859
- Elrod v. SimmonsSupreme Court of Alabama · 1866