R. King & Co. v. Grey

Citations

• 31 Tex. 22

Syllabus

<p>Where a case had been referred to arbitration, and the arbitrators reported their award, which the court refused to enter; but, in the petition of the defendant recited that, because of gross mistakes, both of fact and law, the award was set aside and the matter ordered to proceed de novo, it was such a final judgment as gave jurisdiction by appeal to this court.</p> <p>The 6th section of the statute providing for arbitration reads as follows: “ If the arbitrators chosen as aforesaid cannot agree, the arbitrators shall select an umpire, and in case they disagree in the choice of an umpire, the justice or clerk may appoint an umpire, who shall be competent to serve as an arbitrator, and who shall in like manner be sworn.” (Paschal’s Dig., Art. 65, Note 248.) The umpire, whether selected by the parties or the clerk, is authorized to act as an arbitrator.</p> <p>Where, after a long session of the arbitrators, one of them withdrew from further attendance and the others made the award, it is a fair presumption that the withdrawal was because of disagreement, and the award was sustained.</p> <p>Where the parties did not reserve the right of appeal in the submission, and the court refused to enter the award, this court examined the facts, and finding that the award was sustained by the evidence, reversed the judgment and rendered judgment upon the award.</p>