Bacon v. Crandon
Massachusetts Supreme Judicial Court
This was an action of assumpsit, brought originally before a justice of the peace, by Bacon against one Thomas. It was carried up to the Court of Common Pleas for the county of Plymouth at December term 1831, and was then, by agreement of the parties, referred under a rule of court. Before the April term 1832, Thomas died, and his death was suggested upon the record, and the action was continued at that and the succeeding term, for his administrator to come in and defend.
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This was an action of assumpsit, brought originally before a justice of the peace, by Bacon against one Thomas. It was carried up to the Court of Common Pleas for the county of Plymouth at December term 1831, and was then, by agreement of the parties, referred under a rule of court. Before the April term 1832, Thomas died, and his death was suggested upon the record, and the action was continued at that and the succeeding term, for his administrator to come in and defend. After this, Crandon, as administrator of Thomas, entered his appearance, and the referee convoked and heard the parties…
1Opinion of the Court
The plaintiff alleged that this judgment was erroneous, because the appointment of the referee was revoked by the death of Thomas before the rule of submission came into the hands of the referee. But it was resolved that the administrator took up the case where the deceased left it; that the reference with the consent of the parties, was a substitute for *80a trial by jury, and it became the act of the court ; and there fore that the authority of the referee was not revoked by the death of Thomas : and further, that the right of revocation, if any had existed, had been waived by the parties.
Eddy,…
2Cases cited1 opinion
- Nelson v. AndrewsMassachusetts Supreme Judicial Court · 1806
3Cited by1 opinion
- Steamship Samana Co. v. HallDistrict Court, D. Maine · 1892