Umpire
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
A third person appointed to decide between two orther judges or referees who differ in opinion.
Ramlcl v. Canal, 1 Harr. (Del.) 200.
The jurisdiction of the umpire and arbitrators cannot be concurrent; Morse, Arb. & Aw. 241; if the arbitrators make an award, it is binding; if not, the award of the umpire is binding; T. Jones 167. If the umpire sign the award of the arbitrators, it is still their award, and vice versa; Rigden v. Martin, 6 Harr. & J. (Md.) 403. He determines the issue submitted to the arbitrators on which they have failed to agree, which is his sole award; and neither of the original arbitrators is required to join in the award; Haven v. Winnisimmet Co., 11 Allen (Mass.) 384, S7 Am. Dec. 723; Ingraham v. Whitmore, 75 111.
30.
Arbitrators may appoint an umpire after their term of service has expired, if the time is not gone within which the umpire was to make his award; Mc Kinstry v. Solomons, 2 Johns. (N. Y.) 57. Subsequent dissent of the parties, without just cause, will have no effect upon the appointment; but they should have notice; Crowell v. Davis, 12 Mete. (Mass.) 293. If an umpire refuse to act, another may be appointed toties quotics; 11 East 307. See Arbitration and Award. UNA VOCE (Lat.). With one voice; unanimously.