Tyler v. Webb

Judge Simpson

delivered the opinion of the Court.

The parties having made a submission to Turner Satterwhite, R. I. Baker, and Thomas Parker their umpire in case of a disagreement, and an award having been made by all three of them jointly, an action of debt was brought upon it; and a demurrer having been filed to the declaration, it was overruled by the Court, and a judgment rendered for the plaintiff, from which the defendant has appealed.

The objection made to the declaration is, that it does not contain an averment that the arbitrators had disagreed; and as by the terms of the submission,…