Perry v. Ames
Supreme Judicial Court of Maine
On exceptions by defendant. Exceptions overruled. This is an action on the case to recover part of the expense in repairing a wharf at Matinicus. The action was entered and tried in Police Court of Rockland, Knox County. Judgment in said Court was for the plaintiff; from which judgment, defendant appealed to the Supreme Judicial Court. Tke case was then referred, by Rule of Court, to a referee, who made a report of his findings to said Court.
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On exceptions by defendant. Exceptions overruled. This is an action on the case to recover part of the expense in repairing a wharf at Matinicus. The action was entered and tried in Police Court of Rockland, Knox County. Judgment in said Court was for the plaintiff; from which judgment, defendant appealed to the Supreme Judicial Court. Tke case was then referred, by Rule of Court, to a referee, who made a report of his findings to said Court. The presiding Justice accepted said report, and the defendant excepted to said ruling accepting said report. The case is stated in the opinion.
1Opinion of the CourtCornish, J.
Exceptions by appellant to the ruling of the presiding Justice accepting the report of the referee to whom the pending cause had been referred by agreement of the parties and under rule of court in the ordinary form.
*203The objection raised by the appellant to the acceptance of the report is that “the referee made an error in law in his decision holding the defendant liable” and he states the reasons for his contention based upon the terms of the report itself. But this objection, even if true, is unavailing. In the absence of fraud, prejudice or mistake on the part of the referee his finding is…
2Cited by4 opinions
- Lipman Bros. v. Hartford Accident & Indemnity Co.Supreme Judicial Court of Maine · 1953
- Courtenay v. GagneSupreme Judicial Court of Maine · 1945
- Kliman v. DubucSupreme Judicial Court of Maine · 1936
- Newell v. StanleySupreme Judicial Court of Maine · 1940