
    Fletcher v. Hubbard.
    The corruption or misconduct of arbitrators can not be pleaded in a suit at law, but may be the ground of setting aside an award upon motion when the award is returnable to court, and upon a bill in equity in other cases.
    Assumpsit. There was a plea of an award and performance thereof, a replication of corruption, gross partiality and misconduct of the arbitrators, and a demurrer to the replication.
    Cushing, for the defendant.
    
      Wheeler Sp Faulkner, for the plaintiff.
   Doe, J.

Misconduct of arbitrators is not the subject of a plea, but only a ground to apply to the court to set aside the award. This may be done upon motion, when the award is returnable to court, and upon a bill in equity in other cases. Page v. Pendergast, 2 N. H. 233, 235; Adams v. Adams, 8 N. H. 82; Bassett v. Harkness, 9 N. H. 164; Rand v. Redington, 13 N. H. 72; Bean v. Wendell, 22 N. H. 582; Tracey v. Herrick, 25 N. H. 381; Cranston v. Kenney, 9 Johns. 212; Jackson v. Ambler, 14 Johns. 96; Braddick v. Thompson, 8 East 344; Kyd on Awards 327; Billing on Awards 175, 283; Watson on Arbitration 269, 369.

A different doctrine may necessarily prevail where the equity powers of the court are not sufficiently extensive to deal with awards thus summarily. Brown v. Bellows, 4 Pick. 179, 192, note; Bean v. Farnum, 6 Pick. 269; Strong v. Strong, 9 Cush. 560.

Demurrer sustained.  