Short v. Pratt
Massachusetts Supreme Judicial Court
The writ of error in this case was brought to reverse a judgment of the Common Pleas for this county, rendered at the last April term, on a report of referees made under a rule entered into before a justice of the peace, pursuant to the statute of 1786, c. 21. Several errors were assigned ; but one only was insisted on, mz., that it did not appear by said report, that all the referees named in the submission were present at the hearing, two only having signed the report.
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The writ of error in this case was brought to reverse a judgment of the Common Pleas for this county, rendered at the last April term, on a report of referees made under a rule entered into before a justice of the peace, pursuant to the statute of 1786, c. 21. Several errors were assigned ; but one only was insisted on, mz., that it did not appear by said report, that all the referees named in the submission were present at the hearing, two only having signed the report. It appears, from the record sent up, that the referees agreed upon a report in November last, which was made to the Common…
1Opinion of the CourtParsons, C. J.
The statute under which these proceedings *410were had, requires the submission to be made to all the referees named; although, if the greater part agree, the report shall be a foundation for a judgment; and upon a recommitment of the report all the referees must hear the parties; and if they do not all agree, the greater part may proceed. And a judgment on a report made under the statute is not legal, unless it appears on the record that the report was made pursuant to the provisions of the statute which authorizes the judgment.
But it does not appear on this record, that all the referees heard…
2Cited by22 opinions
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- Carpenter v. WoodMassachusetts Supreme Judicial Court · 1840
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