Byrne v. Usry

Bleckley, Chief Justice.

The reference was of a pending case in the superior court, and was made by the parties, under a rule of court, to two arbitrators, they to select a third man as umpire if they could not agree. The award was made and signed by all three, but it is admitted that the umpire was not present when the evidence was submitted and the parties heard, and that he did not hear any of the evidence delivered. Most of it was in writing, and this he had opportunity of examining ; but it was not all in writing, and so much as was oral he could not have considered at all except as he…