Kincaid v. Wilson

The affidavits exhibited in this suit to show that the award of the arbitrators exceeded the submission, and that it ought not to have been entered as the decree of the court below, is only hearsay testimony, which, on a point of the kind, was hot conclusive legal evidence ; and therefore, at the most, should have been no further regarded than to produce a continuance of the question until more adequate evidence might have been obtained. It appears that a continuance was ordered, and before the second hearing the parties entered into an -agreement that the testimony of the ai’bitrators…