Boyer v. Aurand
Supreme Court of Pennsylvania
ERROR to Perry county. Debt on bond by Peter Aurand against John K. Boyer, in which this agreement was made by the parties. “ We agree to refer the above action, under the act of 1705, to James L. Dunn and Samuel Baird as referees, with liberty, in case of disagreement, to choose an umpire; report tobe made by the next or any subsequent court of common pleas of Perry county, proceedings in said court to stay in meantime.
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ERROR to Perry county. Debt on bond by Peter Aurand against John K. Boyer, in which this agreement was made by the parties. “ We agree to refer the above action, under the act of 1705, to James L. Dunn and Samuel Baird as referees, with liberty, in case of disagreement, to choose an umpire; report tobe made by the next or any subsequent court of common pleas of Perry county, proceedings in said court to stay in meantime. First meeting of the referees to be on the 22d day of March, at Shoenfelter’s in Reading. “James L. Dunn and Samuel Baird, the referees in the above rule named, having met at…
1Per curiam
The award in the case of an umpirage, is the act of the umpire, and here we have it. But it is said that it must purport to have been made by him either alone or conjointly with all the arbitrators; and that here but one of them joined. Does that make the award less the act of the umpire'! The joinder of the arbitrators is but surplusage at best; on which ground alone it is held not to vitiate, and it might, therefore, be supposed that the less there is of it the better. As to the allegation that the interference of the arbitrator who signed may have had an undue influence in the absence of…