Bent v. Erie Telegraph & Telephone Co.
Massachusetts Supreme Judicial Court
Motion to accept and confirm an award of arbitrators under an agreement of submission, dated December 31, 1885, signed and acknowledged by the parties before a justice of the peace, and providing that the award should be “made and reported within six months from this day to the Superior Court.”
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Motion to accept and confirm an award of arbitrators under an agreement of submission, dated December 31, 1885, signed and acknowledged by the parties before a justice of the peace, and providing that the award should be “made and reported within six months from this day to the Superior Court.” On June 4, 1886, the parties signed an agreement, which was not acknowledged before a justice of the peace, by which the time within which the report of the arbitrators was to be filed was extended to December 6, 1886. The award was made by the arbitrators on December 1, 1886, in favor of the…
1Opinion of the CourtW. Allen, J.
We think that the Superior Court did not have jurisdiction to accept the award. The Pub. Sts. c. 188, give to that court jurisdiction over an award made and returned to it in accordance with the provisions of the chapter. Section 2 requires that the submission shall be by an agreement signed and acknowledged by the parties before a justice of the peace, one of the particulars of which is that the award shall be made and reported to the Superior Court within one year. Section 5 is in these words: “ The time within which the award shall be made and reported may be varied according to the…
2Cases cited4 opinions
- Franklin Mining Co. v. PrattMassachusetts Supreme Judicial Court · 1869
- Standish v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1880
- Lazeel v. HoughtonSupreme Court of Vermont · 1860
- Tudor v. PeckMassachusetts Supreme Judicial Court · 1808
3Cited by13 opinions
- Goerke Kirch Co. v. Goerke Kirch Holding Co.Supreme Court of New Jersey · 1935
- Franks v. FranksMassachusetts Supreme Judicial Court · 1936
- Giles v. Royal InsuranceMassachusetts Supreme Judicial Court · 1901
- In re the Controversy Between the Rexburg Investment Co.Idaho Supreme Court · 1922
- Wilkinson v. PrichardSupreme Court of Iowa · 1909
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