Russell v. Page
Massachusetts Supreme Judicial Court
Contract to recover the fees of arbitrators under a rule of court. Trial in the Superior Court, without a jury, before Hammond, J., who found for the plaintiffs, and reported the case for the determination of this court, as follows. The plaintiffs were referees appointed upon the agreement in writing of the parties, under a rule of court, on a flowage complaint, under the Pub.
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Contract to recover the fees of arbitrators under a rule of court. Trial in the Superior Court, without a jury, before Hammond, J., who found for the plaintiffs, and reported the case for the determination of this court, as follows. The plaintiffs were referees appointed upon the agreement in writing of the parties, under a rule of court, on a flowage complaint, under the Pub. Sts. c. 190, brought by the defendants against Tileston and Hollingsworth, and formerly pending in the Superior Court. The arbitrators duly made an award “ that the referees’ fees, taxed at five hundred dollars, be paid…
1Opinion of the Court
Deveíts, J.
It may be that the plaintiffs would have had a remedy for the non-payment of their fees by some interlocutory order of the court, passed upon their application, and compulsory upon the parties to the suit. The defendants urge that such is their only remedy. Their contention is, that there is no contract which can be implied between themselves and the referees, that the referees were not performing any services for them, but were complying with an order of the court, and that all which they can obtain for their services must be obtained through the intervention of that court. That…
2Cases cited3 opinions
- Hinman v. HapgoodCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kennedy v. OwenMassachusetts Supreme Judicial Court · 1881
- Young v. StarkeyCalifornia Supreme Court · 1851
3Cited by3 opinions
- O'RiordenMassachusetts Supreme Judicial Court · 1923
- Paine v. Kentucky Refining Co.Court of Appeals of Kentucky · 1914
- Smith v. Belknap CountySupreme Court of New Hampshire · 1902