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2 Ky. 145

Smith v. Cutrights

Court of Appeals of Kentucky

Decided May 14, 1802

Court of Appeals of Kentucky · decided 1802-05-14

<p>"Where arbitrators award upon matters which, by no legal intendment, can be within the submission, the judgment based upon this award will be reversed.</p>

Decided 1802-05-14

¶1The subject-matter in controversy being so imperfectly and defectively stated in the submission, can afford no foundation for an award; and the arbitrators have awarded upon matters which by no legal intendment, can be within the submission. Therefore, it is considered by the court, that the judgment aforesaid be reversed and set aside, and that the plaintiff recover of the defendants his costs in this behalf expended, which is ordered to be certified to the said court.

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