Wilson v. Cross

Decided September 15, 1838

Supreme Court of Pennsylvania · decided 1838-09-15

William Cross against Thomas Wilson. This cause was referred under the compulsory arbitration act: the parties met, and the arbitrators were sworn and adjourned until a certain day. On that day the parties met and two of the arbitrators were absent, one of whom was out of the state. The defendant refused to choose others, to continue the cause, or make any other disposition of it.

Decided 1838-09-15

Per Curiam.

¶1the act of the 14th of June 1836, arbitrators have not power to fill vacancies after the whole number have once been assembled. Where one of them is unable or unwilling to attend, the others are to proceed without him and award if they can agree, or else choose an umpire. There is no provision for proceeding in the absence of more than one. Perhaps the course would be to adjourn over if his attendance would probably be had, or to move the court for a recision of the rule ; but it is clear that no vacancy can be supplied. The proceedings in this case are consequently irregular.

¶2Award set aside.