Doherty v. Doherty
Massachusetts Supreme Judicial Court
Motion to accept and confirm an award of arbitrators. The case was submitted to the Superior Court, and, after the entry of an order to reject the award, to this court, on appeal, on an agreed statement of facts, in substance as follows: The agreement of submission, which was dated October 14, 1887, provided for three arbitrators, “ the award of whom, or a majority of whom, being made and reported to the Superior Court for the county of Suffolk aforesaid within fourteen days…
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Motion to accept and confirm an award of arbitrators. The case was submitted to the Superior Court, and, after the entry of an order to reject the award, to this court, on appeal, on an agreed statement of facts, in substance as follows: The agreement of submission, which was dated October 14, 1887, provided for three arbitrators, “ the award of whom, or a majority of whom, being made and reported to the Superior Court for the county of Suffolk aforesaid within fourteen days from this date, the judgment therein shall be final; and if any of the parties neglect to appear before the…
1Opinion of the CourtField, J.
The' first award reported to the Superior Court was recommitted for a specific purpose. Upon recommitment, two of the arbitrators signed a new award, and returned it into court, but the third arbitrator, “ being absent from his home, did not receive the notice of the meeting of the arbitrators until after the award was returned to the court, was not present at said meeting of said arbitrators, or any other meeting of the arbitrators, after the filing of the first award.” It thus appears that the last award, which was the only award before the Superior Court when it passed the order appealed…
2Cases cited5 opinions
- Short v. PrattMassachusetts Supreme Judicial Court · 1810
- Crofoot v. AllenNew York Supreme Court · 1829
- Alexander v. LewisCourt of Appeals of Kentucky · 1858
- Blodgett v. PrinceMassachusetts Supreme Judicial Court · 1871
- Campbell v. Inhabitants of UptonMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- Toledo S. S. Co. v. Zenith Transp. Co.Court of Appeals for the Sixth Circuit · 1911
- Heritage v. State ex rel. CrimIndiana Court of Appeals · 1909
- Jones v. BishopAppellate Court of Illinois · 1920
- Sears v. Greater New York Development Co.District Court, D. Massachusetts · 1927