General Court of Virginia, 1802

Goldsmith's Adm'r v. Tilly

Goldsmith's Adm'r v. Tilly
General Court of Virginia · Decided October 15, 1802 · Chase
1 H. & J. 361

Counsel

iJohnson, for the defendant,, Martin (Attorney General,) and Shaaff, for the plaintiff.

Goldsmith's Adm'r v. Tilly

Opinion of the Court

Chase, Ch. J.

delivered the opinion of the court» Every ground of relief in equity against an award,, fs equally open in this court, upon motion, in a summary way, 3 Burr. 1258, 9.

The court will not enter at all into the merits of the matter referred to arbitrators; but only consider such legal objections as appear on the face of the award, and such as go to the misbehaviour oí arbitrators. 2 Burr. 701. Adj. Ca. 109.

A palpable mistake in law or fact, is good cause to set aside an award, if it is apparent on the face of the award. 1 Vern. 157, 3. 2 Vern. 705. 3 Atk. 644. 1 Atk. 64. 1 Ch. Rev. 76. Brownl. 63. Cro. El. 904, 1 Rol. Ab. 251.

The court will not unravel the matter and examine into the justice and reasonableness of what is awarded. 1. Stra. 301. Adj. Ca. 105.

Judgment entered on the award.

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