Stone v. Davis
Massachusetts Supreme Judicial Court
This was a petition for a review of a judgment rendered by the Circuit Court of Common Pleas for this county. The petition stated that the said' Davis &f Al. having a demand against the said Stone fy AL, the parties had, by an agreement entered into before a justice of the peace, pursuant to the statute of 1786, c. 21, submitted the same to the decision of certain referees, who had made a report, in favor of the respondents, to that court.
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This was a petition for a review of a judgment rendered by the Circuit Court of Common Pleas for this county. The petition stated that the said' Davis &f Al. having a demand against the said Stone fy AL, the parties had, by an agreement entered into before a justice of the peace, pursuant to the statute of 1786, c. 21, submitted the same to the decision of certain referees, who had made a report, in favor of the respondents, to that court. The petitioners having paid the sum awarded against them, the respondents had acknowledged the payment thereof, by their receipt on the back of the report,…
1Per curiam
The petitioners exhibit a strong claim in justice tc a rehearing of their cause. But, they seem to be without legal remedy. Were we to grant them a review, we are not able to » conceive by what course of proceedings we could set aside the award of the referees. The proceedings are entirely regular in point of form. Were they brought before us by an order on this petition, they would not show any common law action. There would be no declaration, no plea, nor issue, nor judgment. We could not compel the respondents to file a declaration, upon which the petitioners could plead to issue. In…
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