Phillips' adm'r v. Phillips
Court of Appeals of Kentucky
Case 24 — EQUITY APPEAL FROM MARION COMMON PLEAS COURT. 1. The allegation is made that the award was obtained by fraud, and this is sufficient to compel an examination of the entire award. (1 Ch. PI., 570; Newman’s PL, 543; Whitehead v. Boot, 2 Met., 588.) 2. These frauds frequently consist of many minute facts that the statement would run into prolixity. 1. The charge of fraud must be specific, and point to every item the appellants object to.
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Case 24 — EQUITY APPEAL FROM MARION COMMON PLEAS COURT. 1. The allegation is made that the award was obtained by fraud, and this is sufficient to compel an examination of the entire award. (1 Ch. PI., 570; Newman’s PL, 543; Whitehead v. Boot, 2 Met., 588.) 2. These frauds frequently consist of many minute facts that the statement would run into prolixity. 1. The charge of fraud must be specific, and point to every item the appellants object to. (Gallant v. Downey, 2 J. J. Mar., 347; Morse on Arbitration and Awards, 541; 53 Barb., 332.) 2. A general averment of fraud as to an award means…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
When this case was here on a former appeal, it was held that the award sought to be set aside on this appeal was valid, unless successfully attacked for fraud or wrong practice on the part of appellee. On the return of the cause, appellant, by supplemental pleadings, attempted to raise this issue. To those pleadings a demurrer was sustained, and the correctness of that ruling is the only question.
The arbitration was for the settlement of the accounts of appellee as agent and nominated executor under a will which was not probated, and covered…
2Cited by6 opinions
- Creekmore v. Central Construction Co.Court of Appeals of Kentucky · 1914
- McQuaid Market House Co. v. Home Insurance Co.Supreme Court of Minnesota · 1920
- Shipp Ex Rel. Fayette County v. RodesCourt of Appeals of Kentucky (pre-1976) · 1927
- Gray v. GregoryCourt of Appeals of Kentucky · 1910
- Hays Creek Coal Co. v. Eagle Coal Co.Court of Appeals of Kentucky · 1916
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