Talcott v. M'Kibben
Superior Court of Louisiana
This case had been left, by consent, under a rule of court, to five merchants, agreed upon by the counsel, whose report was to be made the judgment of the court. They reported a round sum of $ 2,941 80 in favor of the plaintiff, without stating any account, or specifying any particulars.
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This case had been left, by consent, under a rule of court, to five merchants, agreed upon by the counsel, whose report was to be made the judgment of the court. They reported a round sum of $ 2,941 80 in favor of the plaintiff, without stating any account, or specifying any particulars. Upon a rule obtained upon the defendants, to shew cause, why the report of the referees should not be homologated, and become the judgment of the court, exceptions were filed to the report; and it was now argued upon the exceptions. On the part of the plaintiff, a witness was called, to prove that it was the…
1Opinion of the Court
By the Court.
This case is not to be compared to that of a reference of accounts. The parties have, by their o~m act, substituted judges of their own choice. They have not required that they should be sworn, and they have given them full powers. By a mutual stipulation, the report which they have made is to be the judgment of the court. Surely, on good ground, the Court would inquire whether there has been any improper conduct; but, in the absence of any suggestion of this kind, there must be judgment according td the report.
2Cited by3 opinions
- E. v. Benjamin Co. v. Royal Mfg. Co.Supreme Court of Louisiana · 1931
- Guillory Real Estate, Inc. v. WardLouisiana Court of Appeal · 1974
- Bach v. SlidellSupreme Court of Louisiana · 1847