Hummel v. Foster

Opinion delivered Sept. 7, 1874, by

Green, J.

This is a motion to strike off a rule of reference, upon the ground that the arbitrators had no meeting even for purpose of adjournment at the time fixed, and that therefore any subsequent proceedings by them were ultra vires. The facts of the case appear to be undisputed.

Upon the day and hour fixed for the meeting, to wit: Friday, the 24th day of July, 1874, at 3 p. m., the attorneys of both parties were present but none of the arbitrators appeared. The defendant’s attorney, waiting until 4 p. m., went away, and then one of the arbitrators shortly…