Spoor v. Tyzzer
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Chelsea. When the cause came on for trial, by direction of the presiding judge it was referred to William.
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Tort for breaking and entering the plaintiff’s close in Chelsea. When the cause came on for trial, by direction of the presiding judge it was referred to William. H. Whitney, a civil engineer and surveyor, under the following rule : “ And now the parties appear and agree to refer this action to the determination of William H. Whitney, who is also to act as surveyor, to survey the premises, establish the line between the parties, and make report thereof to the court; judgment thereon to be final, and execution to issue accordingly.” The deeds under which both parties claimed were from the…
1Opinion of the Court
By the Court.
The only question brought up by these exceptions is the correctness of the ruling below; and that ruling was in exact accordance with repeated decisions of this court, the principal of which are cited in Carter v. Carter, 109 Mass. 306, 309. Exceptions overruled.
2Cases cited1 opinion
- Carter v. CarterMassachusetts Supreme Judicial Court · 1872
3Cited by9 opinions
- Brackett v. CommonwealthMassachusetts Supreme Judicial Court · 1916
- Luce v. FosterNebraska Supreme Court · 1894
- Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
- Paulson v. LysonNorth Dakota Supreme Court · 1903
- Davis v. HenryMassachusetts Supreme Judicial Court · 1876
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