Overton v. Alpha

In one part of plaintiff’s petition he alleges that defendant is indebted to Mm in the sum of $469 87 on account. But as he immediately proceeds to state Ms cause of action as an indebtedness upon an award for precisely the same amount, ($469 87,) and the only account he offers in evidence is that stated by the arbitrators in their award, it is evident that this is really an action brought upon an award.

The arbitrators were not sworn. The award, therefore, cannot be enforced against the defendant. C. C. 3078 ; 9 An. 89. Testimony was received as to *559the declarations of the parties and the…