Hicks v. McDonnell

99 Mass. 459

Opinion

Hoar, J.

The award of the arbitrators to whom the rule ot court issued could not be accepted while the record showed that another person was substituted in the place of one of them. If the proceeding under the rule first issued was by the agreement of the parties and sanctioned by the court, the record should be amended to show that fact before the award should be accepted.

Acceptance of award set aside, and case remitted for further proceedings.