Rand, Johnson & Co. v. Peel

Citations

• 74 Miss. 305

Syllabus

<p>1. Arbitration and Award. Irregularities of arbitrators. Code 1892, ch. 6.</p> <p>An award returned into the circuit court by arbitrators appointed under $ 112, code 1892, should be vacated when it appears that after the submission of the case the arbitrators heard the unsworn testimony of one party, in the absence of and without the knowledge of the other or his counsel.</p> <p>2. Sane. Appeal from award. Procedure. Code 1892, ch. 6.</p> <p>On an appeal from an award returned into and approved by the circuit court under § 112, code 1892, the award is dealt with by the supreme court, in the matter of procedure, as having the same effect as a final judgment of the trial court, and, when set aside, the submission falls with it.</p>