Buckwalter v. Russell

Citations

• 119 Pa. 495
• 13 A. 310
• 1888 Pa. LEXIS 571

Syllabus

<p>The power exercised by the court in setting aside or entering judgment upon an award, is analogous to that exercised in granting or refusing a new trial after a verdict. Being a supervisory control over proceedings in its presence or upon its records and largely discretionary, such action will not be disturbed unless error appears in the record.</p> <p>A submission of matters in controversy was entered into under § 1, act of June 16, 1886, P. L. 717. An award of which the parties had knowledge was signed but withheld for formal modification. On a subsequent day of meeting to re-form the award, after the final terms were agreed upon but before they were reduced to writing, the defendants gave to the arbitrators a written notice of revocation. The award was signed, however, and filed, followed by exceptions thereto: Held,</p> <p>1. That a notice of revocation to be effective must be served before an award has been agreed upon, and the fact that the award had not been reduced to writing in this ease when the notice was served was immaterial.</p> <p>2. That the court below could only relieve against the award for clear mistake or misconduct on the part of the arbitrators, and, as neither of these was made to appear, the exceptions were properly dismissed.</p>