Emerson v. Udall
Supreme Court of Vermont
This was an appeal from the decision of the court of chancery, dismissing the orator’s bill. The orator, in his bill, among other things,’ alleged, that in the year A. D. 1829, there was an action pending in the county court within and for the county of Windsor, in favor of the orator and Eleazer Davis, ofHartford, in said county, of the latter of whom Wm.
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This was an appeal from the decision of the court of chancery, dismissing the orator’s bill. The orator, in his bill, among other things,’ alleged, that in the year A. D. 1829, there was an action pending in the county court within and for the county of Windsor, in favor of the orator and Eleazer Davis, ofHartford, in said county, of the latter of whom Wm. Strong, of said Hartford, was guardian, founded on certain notes against the defendant, in which action the orator and said Davis recovered a judgment against the defendant, Udall, by default, for $180.32 damages, and $6.33 costs, on which…
1Opinion of the Court
The opinion of the"court was delivered by
Redfield, J.
The object of the present bill is to enjoin the party from pursuing a judgment at law. This judgment was founded upon an award of arbitrators. A trial was had, at law, upon the merits of the award.
The grounds alleged in the bill for setting aside the award and enjoining the judgment, are ;—
1. That the original claim, allowed by the arbitrators, was wholly groundless.
2. That the arbitrators awarded upon matters not within the scope of the submission.
3. That the orator had no sufficient notice of the time and place of hearing before the…
2Cited by28 opinions
- Johnson v. WellsSupreme Court of Florida · 1916
- Powers v. Trustees of Caledonia County Grammar SchoolSupreme Court of Vermont · 1919
- Camp v. WardSupreme Court of Vermont · 1897
- Burton v. WileySupreme Court of Vermont · 1854
- Holmes v. ClarkSupreme Court of Vermont · 1873
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