Inhabitants of Cumberland v. Inhabitants of North-Yarmouth
Supreme Judicial Court of Maine
Error to reverso a judgment of this court, rendered at No-tcriilce term 1824. upon a report of referees. The original action was assumpsit, brought by the town of North-Yarmouth, to recover the sum of 1975 dollars, awarded by commissioners appointed by the special statute of 1821, eh. 78, sec. 9, dividing that town, and incorporating the town of Cumberland. At November term 1823, the suit was referred by rule of court, to the same commissioners, viz.
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Error to reverso a judgment of this court, rendered at No-tcriilce term 1824. upon a report of referees. The original action was assumpsit, brought by the town of North-Yarmouth, to recover the sum of 1975 dollars, awarded by commissioners appointed by the special statute of 1821, eh. 78, sec. 9, dividing that town, and incorporating the town of Cumberland. At November term 1823, the suit was referred by rule of court, to the same commissioners, viz. Nathan Elden, John Perky, and Ebenezer D. Robinson, Esquires, with power also to consider other claims and demands subsisting between tlie two…
1Opinion of the Court
Weston J.
Under the first error assigned, it has been con tended that the referees had no power to proceed to make a second report after the recommitment, because their authority had been revoked by the plaintiifs in error. It was resolved in. Vinyor’s case, cited in the argument, that an authoiity counter-maudable by the law, cannot in any way be made irrevocable. Hence, it was there decided that if one becomes bound to abide the award of an arbitrator agreed upon, and afterwards revokes the submission, such revocation is good, although the bond is forfeited. And this principle has been…
2Cases cited4 opinions
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
- Short v. PrattMassachusetts Supreme Judicial Court · 1810
- May v. HavenMassachusetts Supreme Judicial Court · 1812
- Walker v. MelcherMassachusetts Supreme Judicial Court · 1817