Frissell v. Fickes
Supreme Court of Missouri
Error to Washington Circuit Court. The error complained of in this case is the affirmance of an award made under the following agreement of submission : “ Whereas M., J. & J. Eickes, a firm composed of Morgan Eickes, John Eickes and Jacob Eickes, have taken a quantity of pine and oak timber growing and being upon the land of M. Erissell and M. A. Todd ; and whereas'it has been agreed between M., J. & J. Eickes on one part, and Erissell and Todd of the other part, to refer…
Read the full summary
Error to Washington Circuit Court. The error complained of in this case is the affirmance of an award made under the following agreement of submission : “ Whereas M., J. & J. Eickes, a firm composed of Morgan Eickes, John Eickes and Jacob Eickes, have taken a quantity of pine and oak timber growing and being upon the land of M. Erissell and M. A. Todd ; and whereas'it has been agreed between M., J. & J. Eickes on one part, and Erissell and Todd of the other part, to refer the amount of damages they, said Erissell and Todd, could and ought to recover by law from said Eickes for the taking of…
1Opinion of the CourtScott, Judge
It is objected to the award that the umpire was not sworn. Arbitrators must be sworn before they hear the evidence. (Toler v. Hayden, 18 Mo. 399; Caldwell on Arbitration, 101 note.) A submission to two arbitrators and their umpire, or to two and their umpire in case of disagreement, means precisely the same thing; for umpire, in the common signification of the word, denotes a person that is to make an end of the matter, if the others can not. (Bac. Abr. Arbitrator D., 279; 10 B. Mon. 123.) If arbitrators join with the umpire in the deed of umpirage, it is merely surplusage and the deed is…
2Cases cited2 opinions
- Toler v. HaydenSupreme Court of Missouri · 1853
- Tyler v. WebbCourt of Appeals of Kentucky · 1849
3Cited by5 opinions
- Day v. . HammondNew York Court of Appeals · 1874
- Cochran v. BartleSupreme Court of Missouri · 1887
- Curtis v. City of SacramentoCalifornia Supreme Court · 1883
- Hepburn v. JonesSupreme Court of Colorado · 1878
- Redman v. St. Joseph Hay & Grain Co.Missouri Court of Appeals · 1922