Overby v. Thrasher
Supreme Court of Georgia
Arbitration and award. Evidence. Fraud. Mistake. Umpire. Specific performance. Verdict. Before Judge Robinson. Morgan Superior Court.
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Arbitration and award. Evidence. Fraud. Mistake. Umpire. Specific performance. Verdict. Before Judge Robinson. Morgan Superior Court. March Term, 1872.' Barton H. Overby and Nicholas 'Overby filed their bill against Early W. Thrasher, containing, substantially, the following allegations, to-wit: That, on September 4th, 1868, having certain matters of dispute between them and said defendant touching his liability, growing out of and connected with the guardianship of complainants while they were minors, for the full settlement of the same, entered into the following agreement: "GEORGIA —…
1Opinion of the Court
Montgomery, Judge.
1. The answer of the defendant in this case does not show that all the evidence which was submitted to the arbitrators was before the Court on the trial. As one of the grounds relied on by the defendants, on which to set aside the award, was that it was contrary to evidence, the evidence should not only be produced, but the record should show that it is all that the arbitrators had before them: Tomlinson vs. Hardwick, 41 Georgia, 547; Ibid., 16.
2. When the evidence is fully before the Court, it is a question of law for the Court, and not of fact for the jury, to say whether…
2Cases cited2 opinions
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- C. W. Jackson & Associates, Inc. v. BrooksCourt of Appeals of Maryland · 1981
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