Reports of Cases in Law And Equity, Argued And Determined in the ..., volume 27

Cover Reports of Cases in Law And Equity, Argued And Determined in the ..., volume 27
Reports of Cases in Law And Equity, Argued And Determined in the ..., volume 27
Georgia. Supreme Court
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Hardin vs. Brown.
Is there a case known to the law, where securities are lia- ble for the safe keeping of a prisoner, civil or criminal^ who is legally confined within the four walls of the jail?
We apprehend not.
Judgment reversed.
James Hardin, plaintiff in error, vs. George Brown, defend- ant in error.
[1.] An award of arbitralor« at common law, may be attacked and set aside for fraud, and ihe parties against whom it is rendered, need not resort to a Court of Equity for that purpose.
[2.] Un
...der the Act of 1856, an award can only be impeached for fraud in the ar- bitrators. But at common law, an award may not only be vacated for cor- ruption or partiality in the arbitrators, but for a mistake into which they have been led by undue means, or into which they have been permitted to fall, by the fraudulent concealment of the party or his agent.
[3.] Courts, while they may not correct the award, or revise the decision of the arbitrators, hold it to be against conscience to take advantage of an award to enforce it, or to use it as a plea to bar a defence.


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