Davis v. Maxwell
Supreme Court of Georgia
Application for mandamus, in Lee Superior Court. Decision by Judge Allen, at chambers, December 11th, 1858. This was an application, by the plaintiff in error, to the Judge of the Superior Courts of the South-Western Circuit, for a mandamus to be directed to the defendants in error, as arbitrators, requiring them to set as a Court, and pass upon the following submission: « Georgia, Lee County. — Articles of agreement made and entered into, this 25th day of August, 1858,…
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Application for mandamus, in Lee Superior Court. Decision by Judge Allen, at chambers, December 11th, 1858. This was an application, by the plaintiff in error, to the Judge of the Superior Courts of the South-Western Circuit, for a mandamus to be directed to the defendants in error, as arbitrators, requiring them to set as a Court, and pass upon the following submission: « Georgia, Lee County. — Articles of agreement made and entered into, this 25th day of August, 1858, between Samuel Lindsey and Jonathan Davis, as executor of Elbert Heisler, deceased, both of said county. Whereas, certain…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion..
Was the Court right, in reft.s'ng the mandamus i
*371It is certain, that the Court was right, if Lindsey had th® power to revoke the submission; or, if mandamus does no® lie. to compel arbitrators to act.
Lindsey had the right to revoke the submission, if th® case was an arbitration governed by the common law, and, not one governed by the arbitration Act of 1856. Suss. Ark 147. And the arbitration was one governed by the commota law, for it was not made under the act of 1856. This Is apparent'from the fact, that the submission disregards that Act, in…
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