Allen v. Hiller
| Decision Date | 09 December 1856 |
| Citation | 8 Ind. 283 |
| Parties | Allen v. Hiller |
| Court | Indiana Supreme Court |
From the Elkhart Circuit Court.
The judgment subsequently rendered in the cause, with all the proceedings back to the hearing upon the rule to show cause against the award, are set aside with costs, and the cause remanded with instructions to enter judgment upon the award.
T. G Harris, H. C. Newcomb and J. S. Harvey, for appellant.
J. A Liston and A. Heath, for appellee.
Hiller sued Allen for mal-practice as a surgeon in setting and treating a broken limb. Pending the suit it was referred to arbitrators, who awarded that Allen should pay Hiller 125 dollars, which award was filed in the Circuit Court. A rule was taken to show cause why judgment should not be entered upon the award. In answer to the rule, fraud and other misconduct on the part of the arbitrators was alleged. Evidence was heard, and the award was set aside.
The substance of the evidence to sustain the charge of misconduct and fraud is that of James Mason, who testified that a few days after the award he met Allen in the street, and asked him how the battle went, and that the reply was, that Hiller had got a judgment against him of 125 dollars by his order; of Augustus Newton, who testified that the arbitrators, on the last day of their session, sent severally for Hiller and Allen, but he does not know whether they went into the room of the arbitrators, nor what transpired; of witnesses who testified that after the parties had closed their evidence, but while both were present, the arbitrators called Dr. Chamberlain, who had been subpoenaed as a witness by both parties, and asked him what were Dr. Allen's attainments as a surgeon, and that the reply was that he considered them good; of Dr. Chamberlain, who testified as follows:
We see nothing in this evidence showing fraud or misconduct in the arbitrators. It is said that arbitrators should...
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