Durell v. Merrill
Massachusetts Supreme Judicial Court
This was a writ of error brought upon a judgment of the Court of Common Pleas in this county, rendered on an award of referees to whom the parties had submitted their disputes under a rule entered into and acknowledged before a justice of the peace, as provided in the statute of July 7, 1786, (stat. 1786, c. 21.) It appeared by the record and process that the parties entered into the rule on the 24th day of October, 1801; that the referees met and heard the parties on the…
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This was a writ of error brought upon a judgment of the Court of Common Pleas in this county, rendered on an award of referees to whom the parties had submitted their disputes under a rule entered into and acknowledged before a justice of the peace, as provided in the statute of July 7, 1786, (stat. 1786, c. 21.) It appeared by the record and process that the parties entered into the rule on the 24th day of October, 1801; that the referees met and heard the parties on the 3d, 13th, and 14th days of August, 1802, at which last-mentioned day they made an award; which was not returned to the…
1Opinion of the CourtThacher, J.
The words of the statute are express that the report of the referees shall be made to the next Court of Common Pleas to be holden in the county, &cc. If the word next, in this place, means any thing, it must mean next after the award made. Now, it appears by the record that the award was made on the 28th day of October; and it also appears by the record that' the court which accepted the report, and rendered judgment upon the same, was holden on the 26th day of October, two days previous to the time of making the award. I am of opinion, therefore, that the second error is well assigned, and…
2Cited by6 opinions
- Southwoth v. BradfordMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. Inhabitants of Great BarringtonMassachusetts Supreme Judicial Court · 1810
- Atwood v. YorkSuperior Court of New Hampshire · 1827
- Gerrish v. MorssMassachusetts Supreme Judicial Court · 1824
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1822
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