Shipman v. Fletcher

Citations

• 82 Va. 601
• 1886 Va. LEXIS 78

Syllabus

<p>1. Arbitration and Award—Misbehavior.—An award will be set aside on the ground of circumstances in the conduct of the arbitrators, which amount to misbehavior, and result in injury to one of the parties. Lee v. Patillo, 4 Leigh, 470.</p> <p>2. Idem—Idem—Irregularities.—Small irregularities are often fatal to an award. And a fortiori are such instances of misconduct as are exhibited by the arbitrators when they exclude one of the parties from their presence and admit the other, or his secret partner, or agent, or exclude both parties against the consent of one, during the examination of the witnesses or other evidence, or the arguments of the counsel; or when they employ others to examine the books and papers of the accounts of the parties, and to report conclusions, which, without examining the vouchers, the arbitrators adopt, and make those conclusions the basis of the award.</p> <p>3. Idem— Case at bar.—A case where matters of importance were submitted to arbitrators and the award is set aside for such acts of misbehavior as aforesaid.</p>