Ryan v. Dougherty

By the Court, Currey, C. J.: On the 5th of May, 1864, the parties agreed in writing, under their hands and seals, to submit to arbitration certain matters in difference between them, and by their agreement they appointed James McCabe arbitrator, and invested him [220]with power to “ arbitrate, award, order, adjudge and determine of, and concerning all and all manner of actions, causes and causes of action, suits, controversies, claims and demands whatsoever,” pending, existing or held between them; and they further covenanted and agreed to and with each other to faithfully observe, keep and abide by, in all things, the decision and award which the arbitrator should make in writing on or before the 6tli day of July, 1864. They further agreed that the arbitrator should have power to examine witnesses, and therefor to appoint time and place, and in conclusion they agreed as follows: “And the said submission, when made and arbitrated, may be entered up a judgment of any Court of record having a seal and jurisdiction.” At the foot of this agreement is an instrument in writing which reads as follows: “ It is hereby stipulated and agreed upon by and between R. F. Ryan, attorney for himself, and James Mee, as attorney for the said George Dougherty, that the time of hearing and deciding the said award is continued for sixty days from the date hereof, September 2, 1864; and that the said James McCabe may hear and determine said proceedings under said arbitration;” and the same is signed by R. F. Ryan for himself, and James Mee, as attorney for Dougherty.

On the 18th of April, 1865, the arbitrator made his award in writing, referring to the submission entered into between the parties on the 5th of May, 1864, and thus proceeding: £< Now I, having been first duly sworn according to law, and having heard the proofs and allegations of the respective parties (the same having been taken from time to time, from the 15th day of September, 1864, to the 23d day of December, 1864, upon divers adjournments agreed upon by said parties), and examined the matter in controversy by them submitted, do make this my award in writing, that is to say: I award, adjudge and decree that he, said George Dougherty, shall and do pay to the said Richard F. Ryan the sum of $1,143 54 within fifteen days from the date hereof, the same being the balance of the account which I find from the evidence to be due from said Dougherty to said Ryan. And I further award, [221]