Goldsmith's Adm'r v. Tilly
General Court of Virginia
Debt on a deputy collector’s bond. This cause Was at a prior term referred-in the usual manner to two arbitrators, with authority, if they differed, to call in a third person. The arbitrators did differ, and in pursuance of the terms of the reference chose a third person.
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Debt on a deputy collector’s bond. This cause Was at a prior term referred-in the usual manner to two arbitrators, with authority, if they differed, to call in a third person. The arbitrators did differ, and in pursuance of the terms of the reference chose a third person. The umpire, and one of the original arbitrators, with whom he agreed, returned an award, in which they stated that due notice had been given to the parties of the time and place of meeting of the arbitrators; and that differing in opinion, they chose an umpire, who, in conjunction with them, after having first considered the…
1Opinion of the Court
Chase, Ch. J.
delivered the opinion of the court» Every ground of relief in equity against an award,, fs equally open in this court, upon motion, in a summary way, 3 Burr. 1258, 9.
The court will not enter at all into the merits of the matter referred to arbitrators; but only consider such legal objections as appear on the face of the award, and such as go to the misbehaviour oí arbitrators. 2 Burr. 701. Adj. Ca. 109.
A palpable mistake in law or fact, is good cause to set aside an award, if it is apparent on the face of the award. 1 Vern. 157, 3. 2 Vern. 705. 3 Atk. 644. 1 Atk. 64. 1 Ch. Rev.…
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