Donaldson v. Buhlman
Wisconsin Supreme Court
'Appeal from a judgment of the circuit court for Grant county: Geoege CleMENtsoN, Circuit Judge. This is an' action in equity to set aside an award of arbitrators rendered upon a common-law agreement of arbitration.
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'Appeal from a judgment of the circuit court for Grant county: Geoege CleMENtsoN, Circuit Judge. This is an' action in equity to set aside an award of arbitrators rendered upon a common-law agreement of arbitration. The evidence showed that the plaintiffs and defendants, being partners in the electric light and lumber business at McGregor and Guttenberg, Iowa, under the name of the McGregor Light & Lumber Company, on July 6, 1905, made a written agreement by which the defendant Buhlman withdrew from the firm and the assets and liabilities were apportioned, the defendant receiving the…
1Opinion of the Court
The following opinion was filed November 5, 1907:
WmsLow, J.
The judgment entered is manifestly right. A common-law award of arbitrators is not to be set aside for mere errors of judgment upon questions of fact or law submitted, but it is subject to impeachment for fraud or misconduct amounting to fraud, or upon clear evidence of mistake when such mistake is not simply a wrong conclusion *120upon the facts or law submitted, but au unconscious failure to know or apprehend some material fact or right in the light of which their judgment should be exercised. Consolidated W. P. Co. v. Nash, 109 Wis.…
2Cases cited1 opinion
- Consolidated Water Power Co. v. NashWisconsin Supreme Court · 1901
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