Robinson v. Chase
Supreme Judicial Court of Maine
Action of assumpsit on account annexed to recover for work and labor done and materials furnished. Writ entered in Supreme Judicial Court, York county, Maine, May term, 1915. Defendant filed plea of general issue and at the same term the matter was sent to a referee and a writ of reference duly issued. After hearing both parties, referee reported a certain sum due plaintiff, but in the same finding disallowed the plaintiff or his witnesses any fees or costs for the hearing.
Read the full summary
Action of assumpsit on account annexed to recover for work and labor done and materials furnished. Writ entered in Supreme Judicial Court, York county, Maine, May term, 1915. Defendant filed plea of general issue and at the same term the matter was sent to a referee and a writ of reference duly issued. After hearing both parties, referee reported a certain sum due plaintiff, but in the same finding disallowed the plaintiff or his witnesses any fees or costs for the hearing. Objections were filed by plaintiff to said report, and upon an agreed statement of facts, case reported to Law Court for…
1Opinion of the CourtSavage, C. J.
This case was heard by a referee under a rule of court. The referee’s award was in favor of the plaintiff; but he awarded that “no costs be allowed and taxed for attendance of plaintiff and for his witnesses at the hearing.” The plaintiff objected to the acceptance of the report of the referee in so far as the referee had disallowed costs for his witness fees. Thereupon the case was reported to this court for its determination of the question of costs.
It is the settled rule in this State, that a referee under a rule of court, without limitation or restriction, has full authority to allow,…
2Cases cited1 opinion
- Nelson v. AndrewsMassachusetts Supreme Judicial Court · 1806
3Cited by1 opinion
- Newell v. StanleySupreme Judicial Court of Maine · 1940