Carsley v. Lindsay

Baldwin, J. delivered the opinion of the Court—Cope, J. and Field, C. J. concurring.

Differences having arisen between these parties, who had been partners in trade, a submission was made of these matters to an Arbitrator. This submission was filed in the office of the Clerk of the District Court. By the agreement, the award was to be made the order of Court. An award was made in favor of the Appellant here, and it was afterward entered by the Clerk of the [394]Court, after notice to Respondent, upon the record, as a judgment.

Respondent subsequently, on motion, obtained an order of the Court vacating the award, upon certain grounds to be noticed hereafter, and an order was made remanding the case of the Arbitrator for further proceedings. Appellant moved to set aside the order; this motion was denied; and the appeal is now from these proceedings of the District Court.

1. The first ground assigned for this action of the Court was, that this award is void on its face for uncertainty. But in what that uncertainty consists we are unable to perceive. The award is brief—but comprehensive, going to the result of the accounts between the parties, without detailing the process by which that result was reached; but it is clear and precise, leaving no doubt as to "the meaning.

2. The second ground is, that the award is contrary to law and evidence. But we are not aware that an award of an Arbitrator can be impeached on this ground. (2 Cal. 74; 4 Id. 205.) An impeachment on this ground was not'admissible at common law, and, if it were, our statute, (Practice Act, 385, et seqi) prescribes other grounds, as those upon which alone the award can be vacated by the District Court upon motion.

3. That the award does not comprehend all the property of the partnership, and, therefore, was incomplete and partial—not embracing all the matters submitted.

The award does seem to embrace the entire subject submitted. At least, there is nothing shown on the record to the contrary. The fact that there were other items or pieces of property not specifically acted upon, but which might have been included, is no cause for impeaching an award. For, if so, scarcely any submission of a long partnership account eould'stand. If such omission could avail at all, as a ground for vacating the award, it must be shown that the facts were brought before the Arbitrator, and that he refused to pass upon them. It will not do for a party to withhold his proof from the Arbitrator, when he has a fair opportunity of presenting it, and then claim to set aside the award because the Arbitrator did not act upon or in reference to it. The Arbitrator had no means of knowing the partnership debts, credits, or property; except through the parties; and, if they did not bring