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Umpike

Defined in 1 dictionary — Anderson (1889)

A Dictionary of Law

William C. Anderson · 1889

2 Vyhen arbitrators do not agree, it is usual to add that another person be called in as umpire (imperator or impar) to whose sole judgment the' controversy is then referred. 3 A person whom two arbitrators, appointed and duly authorized by the parties to a suit, select to decide the matter in controversy, concerning which the arbitrators are unable to ag;*ee. His province is to determine the issue submitted to the arbitrators, and to make an award thereon. This award is his alone. He is in the situation of a sole arbitrator, and, unless it is otherwise agreed, is bound to hear and determine the case as if it had been originally submitted to his determination.* See Arbitration. A testator may designate his executor as umpire to settle questions of doubt as to his intentions. And if such umpire exercises the power in good faith, his decisions will not be revised by a court, although they might be thought erroneous. But if he refuses to act, transcends his authority, makes an incomplete award, or commits any gross mistake or error of judgment evincing partiality, corruption, or prejudice, or violates a statute on which a dissatisfied party has a right to rely, a court of equity may interfere, correct the error, and restrain f luliher abuse of the powers committed to the umpire.* UN. A prefix, of Anglo-Saxon origin, equivalent to the Latin in and won, not. Compare Dis; In, 3 (1); NON. Negatives the meaning of the simple word.