Distraint; arbitrators; number; powers.
In case the parties interested cannot agree as to the amount of damages and costs sustained, each party may choose a man, and, in case the two men chosen cannot agree, they shall choose a third man, and, after being duly sworn for the purpose herein named, the three shall proceed to assess the damages, possessing for that purpose the general power of arbitrators.
Source:Laws 1871, § 5, p. 121; R.S.1913, § 113; C.S.1922, § 121; C.S.1929, § 54-405; R.S.1943, § 54-405.
Uniform Arbitration Act, applicability, see section 25-2602.01.
Provisions of this section are not compulsory upon either party. Randall v. Gross, 67 Neb. 255, 93 N.W. 223 (1903).
Arbitrators' award is not a bar to action for negligence of distrainor. Richardson v. Halstead, 44 Neb. 606, 62 N.W. 1077 (1895).
Purpose of law is that taker-up of stock shall have a lien for only such damages as could be ascertained by arbitrators to be immediately appointed. Deirks v. Wielage, 18 Neb. 176, 24 N.W. 728 (1885).