Public-domain · open source
OpenJurist

39 Mich. 79

French v. Butler

Michigan Supreme Court

Decided June 18, 1878

Michigan Supreme Court · decided 1878-06-18

<p> An award should be signed by the arbitrators together. </p> <p>An award signed by two oí the arbitrators in each other’s presence but not in that of the third, and by the third at a different time and place in the presence of only one of the others, is invalid, will not sustain a judgment, and should be vacated.</p>

Cited by 1 later decisions — most recently February 1908

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1878-06-18

View the full empirical analysis of this case →

Marston, J.

¶1It clearly appeared that the award was signed by two of the arbitrators in the presence of each other, but- not in the presence of the third, who signed *80it at a different time and place, in the presence of one of the other two but not of both. This comes clearly within the decision in Daniels v. Ripley, 10 Mich., 237, and rendered the award invalid.

¶2. These facts appearing and there being no dispute in reference thereto, the award should have been vacated, and it was error to render judgment thereon.

¶3The judgment must be reversed with costs of both courts.

The other Justices concurred.
/39/mich/79 · .json · Public domain