Eisenmeyer v. Sauter

Citations

• 77 Ill. 515

Syllabus

<p>1. Arbitration—award not void decause proceedings are not in conformity to the statute. Although a submission to arbitration may not be in conformity with the statute, the award will not be invalid for that rea. son. If it is good at common law. an action can be maintained upon it independently of the statutory remedy.</p> <p>2. Award—reforming in equity for mistake. A court of equity will correct a mistake iu an award where it is mutual, was acquiesced in by all the arbitrators, and where the award, as made, is not their award, but, if corrected, would be the award of all of them.</p> <p>3. Where all the arbitrators testify to a mistake in their award, not in the several sums found to he due, but in making an addition of the sums so found, the award may he corrected.</p> <p>4. Deposition—must de signed by witness. Where a deposition taken before a master in chancery, and reported by him, is not signed by the witness, it should, on motion, be stricken from the record.</p>