Monosiet v. Post
Massachusetts Supreme Judicial Court
Error to reverse a judgment of the Court of Common Pleas for this county, rendered upon the report of referees appointed by a rule entered into before a justice of the peace, pursuant to the provisions of the statute of 1786, c. 21. The error relied on was, that the submission was made to two referees only, “ with such person as they may agree to associate with them in said determination, in case the above-named referees cannot agree/’ &c.
1Per curiam
This error is fatal. The statute must be strictly pursued. When parties leave the common law for these peculiar remedies, they cannot expect the Court to show them particular favor
Judgment reversed.
2Cited by7 opinions
- In re the Arbitration between Kreiss & HotalingCalifornia Supreme Court · 1892
- Giles v. Royal InsuranceMassachusetts Supreme Judicial Court · 1901
- Jones v. HackerMassachusetts Supreme Judicial Court · 1809
- Nay v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Readdy v. Tampa Electric Co.Supreme Court of Florida · 1906
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