· 1/30/1855
Burchell v. Marsh
Citations
- 58 U.S. 344
- 15 L. Ed. 96
- 17 How. 344
- 1854 U.S. LEXIS 522
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying common law arbitration principles and stating that “[i]f an award is within the submission, and contains the honest decision of the arbitrators, after a full and fair hearing of the parties, a court of equity will not set it aside for error, either in law or fact”
- to warrant reversal because of an arbitrator’s mistake in the conduct of the hearing, party must show that “if it had not happened, [the arbitrator] should have made a different award”
- the appropriate scope of judicial review is whether the award is the honest decision of the arbitrator, made within the scope of the arbitrator’s power
- gross mistake, not mere error of judgment, required for court to intervene
- gross mistake, not mere error of judgment, required for court to intervene
- “If the award is within the submission, and contains the honest decision of the arbitrators, after a full and fair hearing of the parties, a court of equity will not set it aside for error.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Grier, McLean, Nelson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.