orally.—The supposed award was of no binding effect. It does not appear that the defendant had any knowledge that the matter was ever submitted, nor who were the referees, nor was he notified of the time or place of their meeting, that he might appear and protect his right; nor of the conclusion at which the referees arrived. On that award the plaintiff could have maintained no action against the defendant. Indeed there was no completed award.

Exceptions overruled.