Kile v. Chapin

Suit by Chapin against Kile upon an award. The action was commenced in 1851, under the old practice. Issues of fact were joined and submitted to a jury; verdict and judgment for the plaintiff below. Motion for a new trial overruled, and the evidence made part of the record. Kile appeals.

The submission was to Goohins and Holden. They could not agree. In accordance with the terms of submission, they chose Hickcox as umpire. The award is made and returned by Hickcox and Holden. It is objected that the award is invalid, because not signed by the three; and Philips v. Stickney, 3 Met. 389, Green…