Mississippi Cotton Oil Co. v. Buster

Citations

• 84 Miss. 91

Syllabus

<p>1. Arbitration and Award. Notice. Appearance. Code 1892, jj 98.</p> <p>Where the parties to an arbitration appeared by counsel at the hearing before the arbitrators, it is immaterial that the record fails to show that they were notified to so appear. (Code 1892, §98.)</p> <p>2. Same. Informal award. Consent of counsel. Normal a/ward. Time amd place of signing. Code 1892, § 104.</p> <p>Where, after a hearing by arbitrators, the parties being represented before them by counsel, their findings were reduced to writing and signed by them at the same time and in the presence of each other, it is competent for the counsel to agree that the award so drawn may be afterward put in proper form, and in such case it is no objection to the formal award that it was not signed by the arbitrators at the same time and place. (Code 1892, § 104.)</p> <p>3. Same. Umpire acting with arbitrators. Waiver of objection.</p> <p>An objection to an award, predicated of the fact that the umpire who was to be called upon to act only in case of a disagreement between the arbitrators selected by the parties, was sworn and acted with the arbitrators from the beginning, is waived! if the parties are present at the hearing and do not object to such procedure.</p> <p>4. Same. Impeachment of award. Evidence. Arbitrator incompetent witness.</p> <p>It is not competent to impeach an award by the testimony of an arbitrator who executed the same.</p>