Peterson v. Loring
Supreme Judicial Court of Maine
Error, to reverse a judgment rendered by the Circuit Court of Common Pleas on a report of referees. The submission was made pursuant to Stat. 1786. c. 21. The referees, having met and heard the parties, made a report in favour of the defendant in error, which, for some cause not apparent on the face of the proceedings, was recommitted.
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Error, to reverse a judgment rendered by the Circuit Court of Common Pleas on a report of referees. The submission was made pursuant to Stat. 1786. c. 21. The referees, having met and heard the parties, made a report in favour of the defendant in error, which, for some cause not apparent on the face of the proceedings, was recommitted. Another meeting was notified, at which the original defendant, now plaintiff in error, and one of the referees, did not attend; and the other two referees, certifying that no additional facts were exhibited to them by either of the parties, and that they were…
1Opinion of the Court
Mellen C. J.
Upon the award before us it appears that at. the hearing of the parties, on the 29th day of March 1820, all three of the referees attended, and all of them signed the report, which was presented to the Circuit Court of Common Pleas at April term following, and was then recommitted. It also appears that all three of the referees never met again to reexamine the cause.; but that two of them, in the absence of the third, who, as well as Peterson declined or neglected to attend, without any farther hearing of the parties, or any farther proof, ratified the report which all had signed,…
2Cases cited2 opinions
- Short v. PrattMassachusetts Supreme Judicial Court · 1810
- May v. HavenMassachusetts Supreme Judicial Court · 1812
3Cited by4 opinions
- Estate of GilbertSupreme Judicial Court of Maine · 2017
- Estate of GilbertSupreme Judicial Court of Maine · 2017
- Estate of GilbertSupreme Judicial Court of Maine · 2017
- Estate of John W. GilbertSupreme Judicial Court of Maine · 2017