Boardman v. England
Massachusetts Supreme Judicial Court
The judgment which the writ of error in this case was brought to reverse, was rendered by the Common Pleas for this county, on the report of referees appointed by a submission entered into before a justice of the peace under the provision of the statute of 1786, c. 21. The error assigned is, that the referees having made their report at the term of the Common Pleas next after it was agreed upon and signed by them, the Common Pleas did not at that term accept the same and…
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The judgment which the writ of error in this case was brought to reverse, was rendered by the Common Pleas for this county, on the report of referees appointed by a submission entered into before a justice of the peace under the provision of the statute of 1786, c. 21. The error assigned is, that the referees having made their report at the term of the Common Pleas next after it was agreed upon and signed by them, the Common Pleas did not at that term accept the same and enter judgment, but recommitted the submission of reference ; the report not pursuing the submission, which was of all…
1Opinion of the CourtParsons, C. J.
The third section of the statute under which this submission was made, enacts that when the report shall be made to the Common Pleas, that court shall have cognizance thereof in the same way and manner, and the same doings shall be had thereon, as on a report of referees made pursuant to a rule of the same court. Now, it is well known to have been the ancient and constant usage of that court, when rules of reference are there granted, to reject the report, if there be good cause, to recommit the matters referred to the same referees, and at any subsequent *59term to receive a new report, and…
2Cases cited1 opinion
- Whitney v. CookMassachusetts Supreme Judicial Court · 1809
3Cited by2 opinions
- Adams v. AdamsSuperior Court of New Hampshire · 1835
- Blood v. RobinsonMassachusetts Supreme Judicial Court · 1848