Merritt v. Gill

"Warner, Chief Justice.

This case was heard in the court below on a motion, in wilting, to set aside an award of arbitrators, on the several grounds contained therein, to which the plaintiff demurred, which demurrer the court sustained, and the defendant excepted.

*4601, 2. It appears, from an examination of the record, that the objections to the award being made the judgment of the court, as contained in the defendant’s motion, were not made on the oath of the party objecting, as required by the 4243d section of the Code. Nor does the evidence had before the arbitrators appear to have been before…