Duckworth v. Diggles
Massachusetts Supreme Judicial Court
Contract for work and labor. In the Superior Court the case was submitted to a referee, by agreement of parties and under a rule of court, whose judgment was to be final. The referee found in favor of the plaintiff.
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Contract for work and labor. In the Superior Court the case was submitted to a referee, by agreement of parties and under a rule of court, whose judgment was to be final. The referee found in favor of the plaintiff. At the hearing before Pitman, J., on motion of the plaintiff for acceptance of the award and for judgment, the following facts appeared; At the referee’s examination of the matters submitted to him, which continued at intervals through a period of four weeks, neither party was represented by counsel; and neither the plaintiff, the defendant, nor the referee is a lawyer. The first…
1Opinion of the CourtC. Allen, J.
Although the course taken by the referee appears to have been irregular, the evidence was sufficient to warrant the finding of the presiding judge, that the defendant had waived any objections thereto, by going on with the hearing after knowledge thereof; and, upon that finding, the case falls within the principle of Fox v. Hazelton, 10 Pick. 275, and Kent v. Charlestown, 2 Gray, 281. Exceptions overruled.
2Cited by2 opinions
- Teter v. MooreWest Virginia Supreme Court · 1917
- Hoffman v. WestlecraftSupreme Court of New Jersey · 1914