Newcomb v. Hampton
Supreme Court of New Hampshire
Petition, to'strike out an entry of judgment. At the October term, 1911, of the superior court, the action was referred to arbitrators by an agreement of the parties in which it was stipulated “that the decision of said arbitrators, or a majority of them, in writing shall be final upon questions of law as well as fact arising in the case before them, and shall be made to the superior court for said county of Rockingham at its next term after the rendition of said decision,…
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Petition, to'strike out an entry of judgment. At the October term, 1911, of the superior court, the action was referred to arbitrators by an agreement of the parties in which it was stipulated “that the decision of said arbitrators, or a majority of them, in writing shall be final upon questions of law as well as fact arising in the case before them, and shall be made to the superior court for said county of Rockingham at its next term after the rendition of said decision, and judgment shall be rendered thereon by said court with costs. ” During the October term, 1913, of the court, the…
1Opinion of the CourtWalker, J.
The plaintiff’s claim that the judgment ordered by the court is void, because it was rendered at the April term of the superior court as of the preceding January term, in order that it might appear by the record that it was rendered at the next term after the filing of the arbitrators’ report, in accordance with the terms of the parties’ agreement, is based upon the merest technicality and is without practical merit. Owen v. Weston, 63 N. H. 599, 603. It does not appear that the plaintiff has suffered injustice by the order of the court.
As no request was made of the arbitrators to report the…
2Cases cited3 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Janvrin v. JanvrinSupreme Court of New Hampshire · 1877
- Peterborough Railroad v. WoodSupreme Court of New Hampshire · 1881