Howard v. Conro
Supreme Court of Vermont
This was an action of assumpsit on a promisory note, commenced before a justice of the peace, and was brought into the county court by appeal» The court, by agreement of parties, referred the cause and all matters in dispute to three referees, the report of whom, or a major part of them,was to be final between the parties.
Read the full summary
This was an action of assumpsit on a promisory note, commenced before a justice of the peace, and was brought into the county court by appeal» The court, by agreement of parties, referred the cause and all matters in dispute to three referees, the report of whom, or a major part of them,was to be final between the parties. The referees afterwards met, and examined and adjusted a part of the concerns of the parties, when the defendant moved for a continuance of the reference to a future time* But as one of the referees could not attend at the time to which it was proposed to continue the…
1Opinion of the Court
After argument, the opinion of the Court was delivered by
Prentiss, J.
J. — The statute authorizes either the county or Su preme Court, by the consent of parties, to refer any cause pending in it, to the determination of such number of men, as shall be agreed upon by the parties; the report of whom, or a major part of them, as the parties shall agree, to be final and conclusive. When the submission is to three or more'referees, and the rule is silent as to the number that must agree, or does not expressly authorize the majority to make a réport, it is necessary that all should concur in the…
2Cases cited5 opinions
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
- Short v. PrattMassachusetts Supreme Judicial Court · 1810
- Yates v. RussellCourt for the Trial of Impeachments and Correction of Errors · 1820
- M'Inroy v. BenedictNew York Supreme Court · 1814
- Campbell v. WilsonSupreme Court of Vermont · 1826
3Cited by2 opinions
- Webb v. RitterWest Virginia Supreme Court · 1906
- Knapp v. FisherSupreme Court of Vermont · 1876