Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 27

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 27

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 edition. Excerpt: ...119, side page and note A, and 119, top page and note A; Caldwell on Arbitration, 407, note 1; Shriver vs. The State of Maryland, 9 G. (fi J., 13, 14. The bill charges neither fraud, accident nor mistake on the part of the arbitrators; nor is any fraud alleged in obtaining the judgment on the award. It admits the debt, and the alleged set-off is fully and flatly denied by the answer. The whole aim is to procure the interposition of a Court of Equity, in order that the appellee may have the benefit of an alleged claim clearly within the terms of the submission, and which was kept back from the arbitrators, and thus to have a presumption raised by the Court for the sake of overturning the award--setting aside the judglment of the arbitrators on facts as to which their judgment is final, and inquiring generally into the merits of the award--which a Court of Equity will not do. Caldwell on Arbitration, 241, 279, note2; Cook vs. Murphy, 7 G. (f2 J., 282; Cromwell vs. Owings, 6 H. cf: J., 12.-_ If the appellee had any claim against the appellant Sisk on account of the alleged judgments, he had his election to proceed at law upon the sheriff's bond, or to settle it in any other way; and having elected to settle by arbitration, and neglected to bring it before the arbitrators, and to plead it in bar, to show nothing due on the award, no principle of equity will permit him to avail himself of this Court to protect himself against his own laches. All the equities of the bill, if it had any, are sworn away. It is denied that the appellee h'as any property or right in the pretended judgments against John Layton and Layton and Loockerman, it is averred that they are paid--all fraud, and all alleged intended fraud are denied most...show more

Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236906268
  • 9781236906267