Ogden v. Baile

Citations

• 73 Fla. 1103
• 75 So. 794

Syllabus

<p>1. “Under our statutes all parties to any controversy before or .after suit thereupon, may make a rule of court by any arbitration to which they may desire to submit such controversy,” by complying with the provisions of the statutes with reference to arbitration; and when this is done the award of the arbitrators has the force and effect of a valid judgment. It is not a proper procedure to make a motion for new trial before the umpire and arbitrators. They have no power given them by the statutes to either grant or deny a motion for new trial. The statutes make no provision to preserve the testimony by bill of exceptions, and there is no way whereby the testimony- taken before arbitrators, can be authenticated ■and brought to this Court as being such testimony. '■</p> <p>2. Upon writ of error this Court will not go into the merits or pass upon the testimony in any case of arbitration that has been made a rule of court. The .Court will not substitute its judgment as to the weight and sufficiency of the evidence for that of the umpire and arbitrators. Upon writ of error the Court only revidtvs the questions raised as provided in Section 1656 of the General Statutes.</p> <p>3. Upon writ of error the only grounds upon which this Court will review the award of the umpire and arbitrators, when legally appointed, qualified, and made a rule of court, are,— First, Fraud; Second, Corruption; Third, Gross Negligence or misbehavior of one or more of the arbitrators or umpire who may have signed the award; Fourth, Evident Mistake acknowledged by the arbitrators or umpire; and then only after some one or more 'of these grounds are raised before the Judge of the Circuit in which the arbitration was hqd upon motion to set aside the award.</p>