Sargent v. Inhabitants of Hampden
Supreme Judicial Court of Maine
Debt upon an award of referees, rendered upon a submission made in the form provided in R. S. c. 138, <§, 2. The referees awarded that the plaintiff should recover $500, damage, with cost. By a written agreement, the report of the referees was made to this court, instead of the District Court.
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Debt upon an award of referees, rendered upon a submission made in the form provided in R. S. c. 138, <§, 2. The referees awarded that the plaintiff should recover $500, damage, with cost. By a written agreement, the report of the referees was made to this court, instead of the District Court. The case was dismissed by this court for want of jurisdiction. 29 Maine, 70. The year, allowed in the submission for returning the award to the District Court, having expired, this action is brought as upon a submission and award at the common law. The award is good at common law. The form of a…
1Opinion of the CourtHoward, J.
The report of referees, on which this action *79is founded, was made to this court, and rejected June term, 1848. Sargent v. Hampden, 29 Maine, 70.
The facts of that case are facts in this. It was there held that this court had not the power, even by the consent of the parties in writing, to receive and accept an award of referees, made under a submission entered into before a justice of the peace, conformable to the Revised Statutes, chap. 138, sect. 2.
The agreement of submission was duly executed on April 27, 1846, and provided that the report of the referees, “ being made within one year from…
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