Howard v. Sexton
Court for the Trial of Impeachments and Correction of Errors
Action for verbal slander, tried before Monell, C. Judge, at the Chenango circuit in August, 1843. The case was this. A controversy existed between the defendant and one Monroe, in September, 1842, which by an instrument in writing they submitted to the decision of three arbitrators. The arbitrators met and heard the proofs and allegations of the parties, and made an award in writing, that the defendant pay a sum of money.to Monroe. The arbitrators were not sworn.
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Action for verbal slander, tried before Monell, C. Judge, at the Chenango circuit in August, 1843. The case was this. A controversy existed between the defendant and one Monroe, in September, 1842, which by an instrument in writing they submitted to the decision of three arbitrators. The arbitrators met and heard the proofs and allegations of the parties, and made an award in writing, that the defendant pay a sum of money.to Monroe. The arbitrators were not sworn. The plaintiff was sworn as a witness for Monroe by a justice of the peace, and gave material evidence. All the other witnesses on…
1Opinion of the Court
By the Court, Bronson, Ch. J.
It is not denied that there was a statute submission; (2 R. S. 541, § 1,) hut the argument for the defendant is, that because the arbitrators were not sworn, (§ 4,) the whole proceeding before them was coram nonjudice; *441)r at least, that it was not a statute arbitration, and consequently there was no authority to swear the witnesses, as there would have been had the arbitrators been sworn. (§ 5.) Such is not my opinion. True, the statute says, the arbitrators shall be sworn. But that, like similar provisions in relation to judges and jurors, was only intended to…
2Cited by23 opinions
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