Cheney v. Martin
Massachusetts Supreme Judicial Court
Writ of entry, returnable to the Superior Court, to recover a parcel of land in Stockbridge. Plea, nul disseisin. The case was referred by agreement of parties and rule of court to Andrew J. Waterman as referee, whose award was to be final. The referee made and returned to court an award in favor of the demandant.
Read the full summary
Writ of entry, returnable to the Superior Court, to recover a parcel of land in Stockbridge. Plea, nul disseisin. The case was referred by agreement of parties and rule of court to Andrew J. Waterman as referee, whose award was to be final. The referee made and returned to court an award in favor of the demandant. The tenant moved that the award be set aside on the following ground: “ The referee was interested pecuniarily and as counsel in a similar case,, the case of Spaulding against Barnum, in this court; the cases being similar in these respects, that both were real actions, to try the…
1Opinion of the Court
By the Court.
That the arbitrator was a party or of counsel in actions against other defendants involving similar questions did not, as matter of law, disqualify him to hear and determine this case; and the presiding judge has found that in fact he was under no bias. Judgment for the demandant.
2Cited by2 opinions
- Sebree v. Board of EducationIllinois Supreme Court · 1912
- Riccomini v. PierucciCalifornia Court of Appeal · 1921