Eveleth v. Chase
Massachusetts Supreme Judicial Court
This was a special action of the case, for not performing an award of certain referees. The defendants pleaded the general issue, which was joined; and it was agreed that the defendants should be entitled to all evidence, of which they could have availed themselves under any special plea.
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This was a special action of the case, for not performing an award of certain referees. The defendants pleaded the general issue, which was joined; and it was agreed that the defendants should be entitled to all evidence, of which they could have availed themselves under any special plea. Trial was had at an adjournment of the sittings here after the last October term, before Putnam, J. The plaintiff and the defendants, being owners of several adjoining lots of land, all adjoining the harbor of Salem, and doubts existing respecting the bounds and privileges that belonged to them severally ;…
1Opinion of the Court
By the Court.
This was a mere parole submission, and it was competent to the parties to alter the terms of it, and to enlarge the power of the arbitrators. Any alterations may be made by these last, before the time expires which is limited in the submission for making and publishing their award, and before it is delivered to the parties. And after it is delivered, if the parties so agree, they may open the subject for reconsideration; as a report of referees *374under the statute (2), or under a rule of court; which may be done for the correction of mistakes, or for a new hearing of the parties. […
2Cited by4 opinions
- Isaacs v. Beth Hamedash SocietyNew York Court of Common Pleas · 1857
- Jannis v. EllisCalifornia Court of Appeal · 1957
- Cogswell v. CameronMassachusetts Supreme Judicial Court · 1884
- Blackwell v. GossMassachusetts Supreme Judicial Court · 1874