Anderson v. Farnham
Supreme Judicial Court of Maine
On Exceptions from the District Court, Hathaway, J. Writ of Entry. The record shows that the action was referred to three referees, “ the report of whom, to be made as soon as may be, judgment thereon to be final.” The award of the referees was signed by only two. They however certified, that the other was present and acted at the hearing, though he refused to join them in signing the report.
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On Exceptions from the District Court, Hathaway, J. Writ of Entry. The record shows that the action was referred to three referees, “ the report of whom, to be made as soon as may be, judgment thereon to be final.” The award of the referees was signed by only two. They however certified, that the other was present and acted at the hearing, though he refused to join them in signing the report. The plaintiff moved the acceptance of the award of the two referees, and offered evidence that the other agreed to sign. The evidence was excluded and the award rejected. The plaintiff thereupon excepted.
1Opinion of the Court
The opinion of the Court, Shepley, C. J., Wells, Rice and Appleton, J. J., was drawn up by
Rice, J.
This case comes before us on exceptions to
the rulings of the Judge of the District Court, rejecting the report of referees. The parties voluntarily referred their action, then pending in Court, to referees, on such terms and conditions as were satisfactory to themselves. Ordinarily, rules of Court provide, that the report of the referees or a majority of them, shall be final, &c. It is, however, competent for parties to insert in their rule other and different provisions. Whatever provisions are…
2Cited by1 opinion
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