Fluharty v. Beatty

Citations

• 22 W. Va. 698
• 1883 W. Va. LEXIS 93

Syllabus

<p>(*Woods, Judge, Absent.)</p> <p>1. Presumptions are not to be raised for the purpose of overthrowing awards, but the awards are to be liberally construed so as to give effect and operation to the interests of the arbitrators, where it can be done, and every reasonable intendment is to be made in their support, (p. 705 )</p> <p>2. The award must be mutual and final; but where it is within the submission, and the arbitrators award a certain sum to be paid by one party to the other without requiring a release to be executed on the payment of the sum, it is mutual and final, because its legal effect is to discharge the party paying the money from all demands within the submission by the party who receives the money, (p. 706.)</p> <p>3. A court of equity will interfere and set aside an award, whenever such manifest and palpable injustice has been done, as to show fraud, corruption or misconduct in the arbitrators, (p. 706.)</p> <p>-4. The court can look into the testimony which-was before the arbitrators for the purpose of determining from such evidence and other circumstances, whether the errors were so gross or palpable as to show fraud, corruption or gross misconduct in the arbitrators. (p. 706.)</p> <p>5. A court of equity will set aside an award for fraud, collusion, corruption or gross misconduct in the arbitrators, (p. 706.)</p> <p>6. If the arbitrators unreasonably refuse to hear competent witnesses offered by either party, this is such gross misconduct as to vitiate the award. (706.)</p> <p>7. A court of equity will not set aside an award on account of the omission of the arbitrators to act upon a matter submitted, unless such omission was to the prejudice of the complainant, (p. 707.)</p> <p>8. If the arbitration-bond, which contains the submission, was procured by the fraud of one of the parties, this would be sufficient ground to impeach the award, unless the fraud was condoned.. (p. 707.)</p>