Reynolds v. Reynolds
Supreme Court of Alabama
Error to the Circuit Court of Pickens. Before the Hon. S. Chapman. The defendant instituted an action in Pickens circuit court, against the plaintiff in error, on a bill single for $1,000, dated 14th October, 1841, and payable the 1st March, 1846. Pleas — 1. Want of consideration. 2. Failure of consideration. 3. Fraud.
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Error to the Circuit Court of Pickens. Before the Hon. S. Chapman. The defendant instituted an action in Pickens circuit court, against the plaintiff in error, on a bill single for $1,000, dated 14th October, 1841, and payable the 1st March, 1846. Pleas — 1. Want of consideration. 2. Failure of consideration. 3. Fraud. The record recites, that at the spring term, 1847, the parties appeared by their attorneys, and it is agreed, that this cause be submitted to the arbitrament of Samuel G. Cochran, Bennett Atkinson, William Hughes and Joel Pearson, and that their award is to be made the judgment…
1Opinion of the CourtCollier, C. J.
It is well settled, that an award must conform to the submission under which it is made. Adams v. Adams, 8 N. Hamp. Rep. 82; Solomons v. McKinstry, 13 Johns. Rep. 27; Bean v. Farnam, 6 Pick. Rep. 269; Stevens v. Gray, 2 Harring. Rep. 347; Gibson v. Powell, 5 S. & Marsh. Rep. 712; Lee v. Onslott, 1 Arkansas Rep. 206. If, therefore, arbitrators transcend their authority, pro tanto their award will be void, and will stand good for the residue, unless that which is void, affects the merits of the submission, so that it cannot, without injustice, be separated from it; but if it forms the…
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