Davis v. Henry
Massachusetts Supreme Judicial Court
Bill in equity alleging that the plaintiff and defendant are owners of adjoining lots of land on Main Street, in Worcester; that, a dispute having arisen between them as to the bound between their estates on Main Street, they submitted the question to arbitrators, who heard the parties and made their award; that the award was invalid because it changed the bound at the rear, which was not in dispute at the time of the submission or at the hearing before the arbitrators, and…
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Bill in equity alleging that the plaintiff and defendant are owners of adjoining lots of land on Main Street, in Worcester; that, a dispute having arisen between them as to the bound between their estates on Main Street, they submitted the question to arbitrators, who heard the parties and made their award; that the award was invalid because it changed the bound at the rear, which was not in dispute at the time of the submission or at the hearing before the arbitrators, and that it was then stated not to be in dispute; also because the arbitrators did not intend to change the bound at the…
1Opinion of the CourtDevens, J.
When it is sought to set aside an award, upon the ground of a mistake committed by arbitrators, it is not sufficient to show that they came to a conclusion of fact erroneously, however clearly it may be demonstrated that the inference drawn by them was wrong. It must be shown that, by some error, they were so misled or deceived that they did not apply the rules which they intended to apply to the decision of the case, so that upon then’ own theory a mistake was made which has caused the result to be something different from that which they had reached by their reason and judgment. Boston…
2Cases cited2 opinions
- Carter v. CarterMassachusetts Supreme Judicial Court · 1872
- Spoor v. TyzzerMassachusetts Supreme Judicial Court · 1874
3Cited by9 opinions
- Brackett v. CommonwealthMassachusetts Supreme Judicial Court · 1916
- Matter of Casualty Co. of Am. (Rubin Claim)New York Court of Appeals · 1927
- Goddard v. KingSupreme Court of Minnesota · 1889
- Stemmer v. Scottish InsuranceOregon Supreme Court · 1898
- Henry v. DavisMassachusetts Supreme Judicial Court · 1877
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