Walker v. Melcher
Massachusetts Supreme Judicial Court
Error upon a judgment of the Court of Common Pleas for this county, rendered June term, 1814, upon the report of referees appointed pursuant to the statute of 1786, c. 21, commonly called The Referee Act, and which was accepted at that term. From the record it appeared that the rule of reference was en tered into on the 15th of November, 1813. The report commenced thus : “ Cumberland, ss.
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Error upon a judgment of the Court of Common Pleas for this county, rendered June term, 1814, upon the report of referees appointed pursuant to the statute of 1786, c. 21, commonly called The Referee Act, and which was accepted at that term. From the record it appeared that the rule of reference was en tered into on the 15th of November, 1813. The report commenced thus : “ Cumberland, ss. Brunswick, November 30, 1813. Pursuant to the within rule, we, the undersigned referees therein named, having met, and fully heard the parties, &c., and now, on this 7th day of March, 1814, report,” &c. It…
1Opinion of the Court
By the Court.
The objection, that the report was not made to the next court after it was agreed upon, is not supported in point *131of fact. The court being in session upon the 7th of March, the next term holden in June was the proper time for the return and acceptance of the report. »
The referee, who did not join in the report, appears to have been present at the hearing, but did not agree with his brethren as to the amount of the damages. The report by the others is sufficient within the statute and the agreement of the parties.
The certificate of the referees, that they had fully heard the…
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