Perry v. Scott

Opinion by

Judge Lindsay:

The order of court under which the arbitrators acted in this matter, does not designate either of them as umpire, nor in terms or by implication invest two of them with authority to make and return an award.

By Sec. 1, Chapter 3, Revised Statutes, it is provided “That all controversies which might be the subject of a suit or action may be submitted to the decision of one or more arbitrators, or to two and their umpire, in the manner provided in this chapter. If any arbitrator shall fail or refuse to act, the court may set aside the order of reference.” Sec. S, lb. They…