Hogan v. Ward
Massachusetts Supreme Judicial Court
Contract, begun by a writ dated February 1,1872, returnable to the Superior Court. At June term, 1872, the case was, by agreement of parties and rule of court, referred to three referees, whose judgment was to be final. An award was made by two of the referees in favor of the plaintiffs, which was filed in court. This was set aside and the case recommitted to the same referees.
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Contract, begun by a writ dated February 1,1872, returnable to the Superior Court. At June term, 1872, the case was, by agreement of parties and rule of court, referred to three referees, whose judgment was to be final. An award was made by two of the referees in favor of the plaintiffs, which was filed in court. This was set aside and the case recommitted to the same referees. One of the referees declined to act further, and the others made a second award in favor of the plaintiffs, and filed it in court. This award was set aside, and the plaintiffs appealed, and, without anything further…
1Opinion of the CourtGray, C. J.
An appeal from a ruling or order of the Superior Court in an action pending there cannot be entered in hbia court until after final judgment in the court below. Bennett v. Clemence, 3 Allen, 431, and other cases collected in Commonwealth v. Gloucester, 110 Mass. 491, 497. Riley v. Farnsworth, 116 Mass. 223. The present action was commenced in the Superior Court, referred by rule of that court to arbitrators, and is still pending and must be finally determined there.
The case differs from those cited for- the appellants, of awards upon a submission before a justice of the peace, or verdicts of…
2Cases cited2 opinions
- Riley v. FarnsworthMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. Inhabitants of GloucesterMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Brandon v. HinesDistrict of Columbia Court of Appeals · 1981
- West v. PlattMassachusetts Supreme Judicial Court · 1878
- Morse v. O'HaraMassachusetts Supreme Judicial Court · 1924
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