City of Portsmouth v. Norfolk County

Citations

• 31 Va. 727

Syllabus

<p>The County of Norfolk and the City of Poitsmouth in- March, 1877, enter into an agreement by which they submit all matters in dispute between them to the arbitration of R. H. Baker, of the city of Norfolk, and John R. Kilby, of Nansemond county, men of high standing as men and lawyers. The agreement states the subjects of dispute under fourteen heads, and they include suits both at law and in equity, questions of law and fact, questions in relation to land, docks, ferries, and money ; and the parties waive the plea of the statute of limitations, and all other technical pleas which would interfere in any manner with the award of the arbitrators, except upon the very right and justice of the case as to all matters in controversy; the award to be entered of record in the circuit court of the county of Norfolk and the court of hustings for the city of Portsmouth. In June, 1877, the arbitrators made their award, passing upon each of the subjects submitted to them. Upon a summons to the City of Portsmouth to show cause against entering the award as the judgment of the circuit court of Norfolk county, the City of Portsmouth filed numerous exceptions to the award, which were overruled by the court. Upon appeal—Held :</p> <p>1. It is manifest from all the papers in the case that the arbitrators intended to settle all matters of law and fact upon the very right and justice of the case. •</p> <p>2. But conceding that they intended to decide according to law, and that they have not done so in every instance, it does not follow that the award is invalid. The court does not set aside an award merely because it may differ with an arbitrator as to the law of the case.</p> <p>3. Where the merits in law and in fact are referred to an arbitrator of competent knowledge, and there is not any, question-reserved by him, the court-will'not open the award unless something can be alleged amounting to a perverse misconstruction of the lav, or misconduct on the part of the arbitrator. .</p>