Noah Haynes Swayne

“ The power of a court of justice, with the consent of the parties, to appoint arbitrators and refer a case pending before it, is incident to all judicial administration, where the right exists to ascertain the facts as well as to pronounce the law. ”

“ In such an agreement there is nothing contrary to law or public policy. The Code of Ohio provides (sect. 281) expressly 'that all or any of the issues in the action, whether of fact or law, may be referred upon the written consent of the parties, or upon their oral consent in court, entered upon the journal.' 2 Swan & C. 1027. The reference here in question was made in the latter mode and by virtue of this authority.
The objection that the arbitrators were not sworn was waived by the plaintiff in error by appearing and going to trial without requiring an oath to be administered. ”