Peachy

delivered the opinion of the [207] Court.

This appeal is prosecuted from a decision of the Court below, refusing to set aside an award of arbitrators.

The matters in controversy were regularly submitted to arbitration, with a stipulation that the finding of said arbitrators should be made an order of Court, and judgment be entered thereon.

Upon the coming in of the award, the appellant moved to set the same aside on several grounds. The Court below refused to entertain the motion, because the statement containing the evidence and facts as they transpired before the arbitrators, was not agreed on by the parties, or verified by the affidavit of the appellant.

It is not necessary for us to examine this decision, or indicate in what manner a statement should be made up in such cases, as the grounds set forth in the appellant’s motion to vacate the award, were wholly insufficient.

Our statute is but a reaffirmance of the common law, and gives to the parties no higher rights than they might have asserted in a court of equity in case of mistake, fraud or accident. The misconduct, contemplated by the statute, was intended to apply to improper conduct in fact, such as that of a…