Adams' adm'r v. Ringo
Court of Appeals of Kentucky
Case 38 — EQUITY APPEAL FROM FLEMING CIRCUIT COURT. .1. There is no allegation of fraud or corruption against the arbitrators, and on this ground alone can the award be impeached. (53 Barb., 342; Parsons on Con., 215; 2 J. C. Eep., 551; lb., 339; lb., 101; 6 Pick., 148; 53 Barb., 342 ; 2 Story’s Eq., 1454 ; 37 Howard, 20; lb., 88; 44 Vermont, 523; 2 Duteher N. J. Eep., 130.) '2. A mistake of the arbitrators as to the law will not vitiate the award. (6 Vesey, 282; 2 Mad.
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Case 38 — EQUITY APPEAL FROM FLEMING CIRCUIT COURT. .1. There is no allegation of fraud or corruption against the arbitrators, and on this ground alone can the award be impeached. (53 Barb., 342; Parsons on Con., 215; 2 J. C. Eep., 551; lb., 339; lb., 101; 6 Pick., 148; 53 Barb., 342 ; 2 Story’s Eq., 1454 ; 37 Howard, 20; lb., 88; 44 Vermont, 523; 2 Duteher N. J. Eep., 130.) '2. A mistake of the arbitrators as to the law will not vitiate the award. (6 Vesey, 282; 2 Mad. Eep., 9; 1 Swanston, 55; 1 Vesey, 369; 9 lb., 365.) '1. Appellant waived the award by his second amended petition. (Carrico…
1Opinion of the CourtChief Justice Cofer
The appellant sued the appellee for the settlement of a partnership in merchandising, which had existed between his intestate and the appellee, J. P. Ringo.
The sum of two thousand dollars was alleged to be due to the plaintiff; but the petition concluded with a prayer for a settlement of all matters pertaining to said partnership.
The parties agreed out of court to submit the entire controversy to the arbitrament of R. W. D. Hunt and W. S.. Faut, and their umpire.
The arbitrators made an award, which concludes as follows: We do “hereby award that the said Joseph P. Ringo,. surviving partner,…
2Cases cited3 opinions
- H. & P. Lee v. LashbrookeCourt of Appeals of Kentucky · 1839
- Burnam v. BurnamCourt of Appeals of Kentucky · 1869
- Ewing v. BeauchampCourt of Appeals of Kentucky · 1813
3Cited by5 opinions
- Ashland Iron & Mining Co. v. McDanielCourt of Appeals of Kentucky · 1924
- Bogard v. BooneCourt of Appeals of Kentucky · 1923
- Dixon v. JohnsonCourt of Appeals of Kentucky · 1924
- Allen-Bradley Co. v. Anderson & Nelson Distilleries Co.Court of Appeals of Kentucky · 1896
- Smith v. Board of EducationCourt of Appeals of Kentucky (pre-1976) · 1927