Bush v. Davis
Michigan Supreme Court
Error to Kalamazoo Circuit. to the point that in an action at law upon an award nothing dehors the award itself can be shown as a defense, not even fraud or corruption of the arbitrators, cited: Elmender v. Harris, 5 Wend,, 516; Efner v. Shaw, 2 Wend., 567; Fidler v. Cooper, 19 Wend., 285; Shoeron v. Wood, 5 Hals., 7; Owen v. Boerum, 23 Barb., 187; Shepard v. Briggs, 28 Vt., 81; Mitchel v. Bush, 7 Cow., 185; Harris v. Social M. Co., 8 R. I., 133; Barlow v. Todd, 3 Johns.,…
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Error to Kalamazoo Circuit. to the point that in an action at law upon an award nothing dehors the award itself can be shown as a defense, not even fraud or corruption of the arbitrators, cited: Elmender v. Harris, 5 Wend,, 516; Efner v. Shaw, 2 Wend., 567; Fidler v. Cooper, 19 Wend., 285; Shoeron v. Wood, 5 Hals., 7; Owen v. Boerum, 23 Barb., 187; Shepard v. Briggs, 28 Vt., 81; Mitchel v. Bush, 7 Cow., 185; Harris v. Social M. Co., 8 R. I., 133; Barlow v. Todd, 3 Johns., 366; De Long v. Stanton, 9 Johns., 38; Morse on Arb., 336-7; that if the submission be in pais, neither corruption,…
1Opinion of the Court
Graves, J:
These parties agreed to .arbitrate and mutually gave bonds on the 28 th of January, 1874, to observe and perform the expected award... The transactions submitted must be gathered from the recitals and conditions of these bonds. They are not otherwise described, and since both of these instruments set out the same, matter by way of recital and conditions, so far as they serve to explain what -was agreed to be submitted, it is not material for our present purpose which bond is quoted from.
The recital and condition in the bond made by Davis read as follows: “Whereas a suit has been in…
2Cases cited13 opinions
- Burchell v. MarshSupreme Court of the United States · 1855
- Kleine v. CataraU.S. Circuit Court for the District of Massachusetts · 1814
- Perkins v. . GilesNew York Court of Appeals · 1872
- Rixford v. NyeSupreme Court of Vermont · 1848
- Skillings v. CoolidgeMassachusetts Supreme Judicial Court · 1817
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