Holmes v. Smith
Supreme Judicial Court of Maine
On Exceptions, by the defendant, to rulings of Davis, J. The case is stated in the opinion. The case was elaborately argued by
1Dissent
Davis, J.,
dissenting. — The writ in this case contains the common counts for work and labor, and also a count for certain specified services, at given prices, "according to the award of A. P. Bobinson.” The only plea is the general issue. It is too late, after a verdict, to object to the sufficiency of the declaration, as upon both the award and the original cause of action.
The submission was by deed. Can assumpsit be maintained upon the award 9
Where there have been a submission and an award at common law, a party often has his choice of several reme*247dies. If the submission is by a bond, with…
2Cases cited5 opinions
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Buttrick v. AllenMassachusetts Supreme Judicial Court · 1811
- Alton, Mount Carmel, & New Albany Railroad v. NorthcottIllinois Supreme Court · 1853
- Briggs v. Vt. Central RailroadSupreme Court of Vermont · 1858
- Whittemore v. MasonIllinois Supreme Court · 1853