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· 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 CourtListener

Sourced 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.