Pettey v. Benoit
Massachusetts Supreme Judicial Court
Contract on an account annexed for goods sold and delivered. Writ in the Second District Court of Bristol dated April 27, 1905. On appeal to the Superior Court the case was referred to L. Elmer Wood, Esquire, as auditor, in accordance with an agreement of the parties filed in court, in which it was stipulated “ that his findings on the facts shall b,e final and that he shall hear the parties and make his report to the court on or before Dec. 21st, 1905.” The rule to the…
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Contract on an account annexed for goods sold and delivered. Writ in the Second District Court of Bristol dated April 27, 1905. On appeal to the Superior Court the case was referred to L. Elmer Wood, Esquire, as auditor, in accordance with an agreement of the parties filed in court, in which it was stipulated “ that his findings on the facts shall b,e final and that he shall hear the parties and make his report to the court on or before Dec. 21st, 1905.” The rule to the auditor was as follows: “It appearing to the court that the trial of the above entitled cause will require an investigation…
1Opinion of the CourtBraley, J.
Where the rule, as in the present case, contains an agreement of the parties that the auditor’s findings of fact shall be final, he becomes in effect a referee, and if his rulings on the admission of evidence were not reviewable in some form great injustice might be done. A proper motion to recommit for such errors presents the question in the first instance to the trial court, and if denied the party aggrieved may have the order reviewed by this court. Tripp v. Macomber, 187 Mass. 109. Allwright v. Skillings, 188 Mass. 538.
It appears from the report that at the hearing before the auditor not…
2Cases cited8 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Field v. ThompsonMassachusetts Supreme Judicial Court · 1875
- Allwright v. SkillingsMassachusetts Supreme Judicial Court · 1905
- Tripp v. MacomberMassachusetts Supreme Judicial Court · 1904
- Gould v. HartleyMassachusetts Supreme Judicial Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lunn & Sweet Co. v. WolfmanMassachusetts Supreme Judicial Court · 1929
- W. R. Grace & Co. v. National Wholesale Grocery Co.Massachusetts Supreme Judicial Court · 1925
- Auringer v. CochraneMassachusetts Supreme Judicial Court · 1916
- Marden v. HowardMassachusetts Supreme Judicial Court · 1922
- Bodell v. SawyerMassachusetts Supreme Judicial Court · 1936
7 more not listed; retrieve them via the Exa API.