Toomey v. Nichols

This case illustrtrates the wisdom of an observation of Mathew Bacon, that as an award is in the nature of a judgment it ought to be wholly decisive; for if it does not determine the matter, it becomes the cause of a new controversy: 1 Bacon Ab., 331. In this action of ejectment the parties agreed of record to submit the matter of boundary in controversy to two arbitrators, whose award should be adopted as the judgment of the court. . The submission requires said arbitrators to “go upon the premises and call before them the witnesses, and if need be, have a surveyor, and have the title papers…