In Re Frick

Motion to affirm under Rule V, section 3, Rules for Supreme Court and District Courts of Appeal.

The appeal is from a judgment confirming an award of arbitrators. The appellant had moved in the superior court to vacate the award on the ground that the arbitrators “were guilty of misconduct and committed gross error and otherwise acted improperly”. He offered in evidence a transcript of the entire evidence taken before the arbitrators for the purpose of showing that the evidence did not support certain findings of facts and conclusions based thereon. The trial court refused to receive the transcript in evidence and, no other showing having been made, entered its judgment confirming the award.

Appellant’s brief on the appeal from the judgment is confined to a discussion of the evidence taken before the arbitrators and to the argument that the arbitrators should have drawn a different conclusion as to the relation of the parties. There is no assignment of error and no suggestion that the trial court erred in its judgment. The single point involved on the appeal is whether the articles of arbitration made it a general or a special arbitration and, as such, whether the award is…