Payne v. Metz
Texas Supreme Court
Error from Colorado. This was a submission to arbitration, under the statute, (Hart. Dig. p. 89,) of the statement of account between the parties as partners in trade. It was agreed there should be no appeal. The award was filed, with a motion that it be entered as the judgment of the Court.
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Error from Colorado. This was a submission to arbitration, under the statute, (Hart. Dig. p. 89,) of the statement of account between the parties as partners in trade. It was agreed there should be no appeal. The award was filed, with a motion that it be entered as the judgment of the Court. Before it was so entered, Metz filed a petition in which he alleged gross mistakes, stating the particulars, on the part of the arbitrators, which resulted in great injury to him, and prayed that the award be not entered as the judgment of the Court, but be set aside, and the account be referred to an…
1Opinion of the CourtWheeler, J.
The appellant did not controvert the allegations of the appellee, charging the commission of gross mistakes on the part of the arbitrators, and flagrant injustice and iniquity in the award. He insisted on having the award made the judgment of the Court, not because it was not as inequitable, unjust and iniquitous as it was charged to be, but simply because it was the award of the arbitrators, and the parties, confiding in their integrity, impartiality and intelligence, as the Judges of their own choice, had not reserved in their submission the right of appeal, but had expressly waived it. But…
2Cited by22 opinions
- Cassara v. WoffordSupreme Court of Florida · 1951
- S. Shultz & Bro. v. LempertTexas Supreme Court · 1881
- Lee v. Providence Washington InsuranceMontana Supreme Court · 1928
- Branch v. HanrickTexas Supreme Court · 1888
- Johnson v. KornCourt of Appeals of Texas · 1938
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