Wright v. Bolton
Supreme Court of Alabama
Error to the Circuit Court of St. Clair. This was a warrant, by the plaintiff in error, before a justice of the peace, for the value of a cow, killed by the defendant in error.
Read the full summary
Error to the Circuit Court of St. Clair. This was a warrant, by the plaintiff in error, before a justice of the peace, for the value of a cow, killed by the defendant in error. Upon the trial before the justice, the parties by a verbal agreement, left the matter in dispute to the arbitration of three persons, who being sworn, and having heard the evidence, made their award in writing,, and assessed the plaintiff’s damages to eleven dollars, which was entered up by the justice as the judgment in the. case; from which the defendant appealed to the Circuit Court. Upon the trial in that Court,…
1Opinion of the CourtOrmond, J.
From the return of the justice of the peace, it appears, that this was an award made pursuant to the statute, (Clay’s Dig. 50,) which declares, that the awapd shall be made 'the judgment of the Court, “and shall not be invalidated, set aside, or appealed from, unless it shall be made to appear, that the award was obtained by corruption, evident partiality, or other undue means.” No such testimony was offered in the Circuit Court, the evidence only tending to show, that the defendants were not guilty of the trespass, whilst the plaintiff proved and relied on the award.
It is however wholly…
2Cited by7 opinions
- Birmingham News Co. v. HornSupreme Court of Alabama · 2004
- Moss v. UpchurchSupreme Court of Alabama · 1965
- Edmundson v. WilsonSupreme Court of Alabama · 1895
- Georgia Home Insurance v. Kline & Co.Supreme Court of Alabama · 1896
- Wilbourn v. HurtSupreme Court of Alabama · 1903
2 more not listed; retrieve them via the Exa API.