44 Ga. 585 | Ga. | 1872
The parties in this ease having been partners, got into a controversy as to the settlement of their accounts, and submitted their differences to arbitration, under the Code. At
As to the first objection, we think it comes too late after the party has taken all the chances of an award in his favor, and makes no objection until the award is found to be against him, he having consented to go on before the two arbitrators, at their first meeting. Nor can we consider, intelligently, the other objections, in the absence of the evidence upon which the arbitrators founded their award.
“ It is going very far, under the authorities, to permit any attack upon an award, on the ground that it is contrary to the evidence, but whilst we, nevertheless, have gone thus far, we think the case must be a very strong one — one that shuts the Court up to the inference of fraud and gross mistake,” to justify the setting aside of an award on this ground: Tomlinson vs. Hardwick, 41 Ga. R., 547.
“ It is not sufficient to state, generally, that the award was against the weight of evidence, or without evidence, unless
Nor does the fact that a demurrer has been filed dispense with the evidence. “ If there be any evidence to sustain the award, the exceptions will be demurrable41 Ga. R., 547. In the absence of all the evidence, we cannot presume the arbitrators had none to sustain their award.
We sustain the ruling of the Court below in the judgment pronounced from the bench. See head notes.