A. C. Shaifer & Co. v. Baker & Caswell
Supreme Court of Georgia
Objections.to award. Demurrer. Decided by Judge Gibson. Richmond Superior Court. July Adjourned Term, 1867. Baker & Caswell was the name of two firms, for convenience, called here, the old and the new firm.
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Objections.to award. Demurrer. Decided by Judge Gibson. Richmond Superior Court. July Adjourned Term, 1867. Baker & Caswell was the name of two firms, for convenience, called here, the old and the new firm. A. C. Schaifer & Co., disagreed with these firms, concerning the sale of, account and reclamations on, thirty-five bales of cotton, shipped to them by the old firm, and concerning a draft drawn by them on the new firm for $457 91, which the new firm refused to pay, till there was a settlement with the old firm. Therefore, A. C. Schaifer & Co-., and the firms submitted to- arbitration,…
1Opinion of the CourtMcCay, J.
Section 4184 of Irwin’s Code, taken in connection with section 4183, provides, that when an award has been made, either of the parties may.preveut its becoming the judgment of the Superior Court, by “pleading” under oath, that it is the result of accident, or mistake, or fraud, of some one or all of the arbitrators or parties, or is otherwise illegal. Section 3400 of the Code provides, that all “ pleas ” shall plainly and distinctly set forth the defence. Section 4185, provid*138ing for the trial of such issues as this, contemplates that there shall be “specifications” of the accident, fraud,…
2Cited by6 opinions
- Tinsley v. MaddoxSupreme Court of Georgia · 1933
- Miller v. ButlerSupreme Court of Georgia · 1905
- Tomlinson v. HardwickSupreme Court of Georgia · 1871
- Lawton v. BranchSupreme Court of Georgia · 1879
- Barnes v. AverySupreme Court of Georgia · 1941
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