McDaniels v. Van Fosen

Whilst this controversy was pending between the parties in court, it, was referred under a written' agreement or submission of the parties to the arbitrament of a single umpire whose award was to be made a rule of court. A hearing of the parties was had before the referee who retui’ned his award into court. The defendant moved for a confirmation of, and judgment upon, the same; whilst the plaintiff moved the court to set aside the award. The latter motion prevailed; and the cause is brought here upon the appeal of the defendant; who claims that the action of the court in setting aside the…