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NEW YORK & CUMBERLAND RAILROAD COMPANY V. MYERS, 59 U. S. 246 (1855)

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U.S. Supreme Court

New York & Cumberland Railroad Company v. Myers, 59 U.S. 18 How. 246 246 (1855)

New York and Cumberland Railroad Company v. Myers

59 U.S. (18 How.) 246

Syllabus

An original writ has fulfilled its functions when the defendant is brought into court. If lost, the court can provide, in its discretion, for the filing of a copy.

The equity of the statute of Westminster 2, allowing bills of exceptions, embraces all such judgments or opinions of the court that arise in the course of a cause, which are the subjects of revision by an appellate court, and which do not otherwise appear on the record.

But to present a question to this Court, the subordinate tribunal must ascertain the facts upon which the judgment or opinion excepted to, is founded.

Therefore, where there was a reference in the circuit court, and the bill of exceptions set out the objections to the award together with the testimony of the arbitrator who was examined in open court, and that testimony showed the facts upon which the objections were founded, it was a sufficient exception.

If an arbitrator embraces in his award matter not submitted, and includes the result in a single conclusion, so as to render it impossible to separate the matters referred from those which have not been, the award is bad.

But in this case, the averments in the declaration and assignment of breaches in the covenant cover the ground upon which the arbitrator rested his award, and his conclusion is a final decision which this Court cannot revise either upon the allegation of mistakes in law or mistakes in fact.

The case is stated in the opinion of the Court. chanroblesvirtualawlibrary

Page 59 U. S. 248





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