Allen v. Hiller
Indiana Supreme Court
APPEAL from the Elkhart Circuit Court.
1Opinion of the CourtPerkins, J.
Hiller■ sued Allen for mal-practice as a surgeon in setting and treating a broken limb. Pending the suit it was referred to arbitrators, who awarded that Allen should pay Hiller 125 dollars, which award was filed in the Circuit Court. A rule was taken to show cause why judgment should not be entered upon the award. In answer to the rule, fraud and other misconduct on the part of the arbitrators was alleged. Evidence was heard, and the award was set aside.
The substance of the evidence to sustain the charge of misconduct and fraud is that of James Mason, who testified that a few days after the…
Also in this document: Per curiam.
2Cited by2 opinions
- Buxton v. HowardIndiana Supreme Court · 1871
- Russell v. SmithIndiana Supreme Court · 1882