11 Mo. 575 | Mo. | 1848
delivered the opinion of the Court.
This was a motion to set aside an award made under a submission, which the parties, by bond with securities, mutually agreed should be confirmed by the Circuit Court of Saline county. It was also agreed that the award should be confirmed as well against the securities as the principals in the bond. An award was made against Vaughn for ‡133 26, in favor of Graham. The arbitrators took the following oath before entering upon their duties — “faithfully and impartially to discharge their duties as arbitrators in a matter submitted to them by John Graham and Singleton Vaughn, by articles of agreement bearing date,” &c. Henry Ferrill, the security of Graham in the. bond of submission, was examined as a witness for him. The controversy was between Graham, the treasurer of an incorporated company, and Vaughn, a stockholder. Vaughn and Ferril were the only stockholders; almost all the stock being owned by Vaughn. The submission was for the purpose of settling and adjusting the treasurer’s account with the said company.
The grounds on which the award was sought to be set aside, were, 1st, the misbehavior of the arbitrators; 2nd, because Henry Ferril was examined as a witness for Graham; 3rd, that the award was for a greater sum than should have been given; 4th, because the arbitrators were not sworn according to law.
By the common law an award could not be set aside for any cause, in a court of law. Courts of ecfuity gave relief- against the fraud or partiality of the arbitrators. Kyd on “Awards,” 2 Wilson, 148; 1 Saunders, 346. This principle was applicable to awards at common law, before the statute authorizing parties between whom controversies existed, to agree that a submission might be made a rule of court. The statute allowing such submissions, declared the causes for which awards made in, pursuance of such submissions, might be set aside. Our statute directs-
Upon comparing the affidavit taken by the arbitrators with that required by the statute, we think the law was substantially complied with by the form of oath adopted by the arbitrators. ■
the judgment will be affirmed.