McHugh v. Peck

Citations

• 29 Tex. 141

Syllabus

<p>The statute authorizing persons to submit any dispute, controversy, or right of action to arbitration, makes no provision in regard to the pleadings. (Paschal’s Dig., Arts. 60 to 68.)</p> <p>The oath of the arbitrators is, that they will fairly and impartially decide the matter in dispute according to the evidence adduced, and in accordance with the rules of law and equity applicable to the facts found. (Paschal’s Dig., Art. 64, Note 247.) We are not aware that it has been held, under the laws of this State, that pleadings are required in a controversy before arbitrators.</p> <p>If objection might have been made before the abitrators that the defendant, before submitting his evidence, should file an answer or statement of the facts he would attempt to establish in evidence, it certainly cannot be assumed that the arbitrators would not have sustained the objection of the appellant to proceeding in the matter until the defendant had filed an answer, if the objection were well taken.</p> <p>If the appellant were suprised by any matter of evidence introduced by the appellee before the arbitrators, and he was not prepared to meet the claim presented by the appellee, but believed he could do so by having time, he should have applied to have the decision of the arbitrators postponed till he could procure testimony to rebut the claim improperly set up by the defendant.</p> <p>If, on a proper application by the appellant for time to procure and submit to the arbitrators testimony, his application had been denied, and he should state such facts as to show that injustice had been done by denying his request, such facts might present a case authorizing the court to reject the report.</p> <p>In arbitrations a referee is at liberty to try the cause on the merits, and is not bound to try the particular issue joined in court.</p> <p>If the question were properly decided against the appellant, and on are-hearing the same reports ought to be made by the arbitrators, the cause cann