Legal Opinion

Young v. Leaird

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 3 opinions

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…

Read the full summary

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

  1. Underhill v. Van CortlandtNew York Court of Chancery · 1817
  2. Bumpass v. WebbSupreme Court of Alabama · 1836

3Cited by3 opinions

  1. Brewer v. BainSupreme Court of Alabama · 1877
  2. King v. JemisonSupreme Court of Alabama · 1859
  3. Elrod v. SimmonsSupreme Court of Alabama · 1866

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API