Gerrish v. Morss
Massachusetts Supreme Judicial Court
This was a writ of error to reverse a judgment rendered by the Court of Common Pleas, upon the acceptance of a report of referees, to whom the parties had submitted their dispute by an agreement entered into before a justice of the peace, pursuant to St. 1786, c. 21. The error assigned was, that it appeared by the record and process that the report was made, signed and completed on the 15th day of March, 1824, and not before, and that it was returned to, and accepted at, the…
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This was a writ of error to reverse a judgment rendered by the Court of Common Pleas, upon the acceptance of a report of referees, to whom the parties had submitted their dispute by an agreement entered into before a justice of the peace, pursuant to St. 1786, c. 21. The error assigned was, that it appeared by the record and process that the report was made, signed and completed on the 15th day of March, 1824, and not before, and that it was returned to, and accepted at, the Court of Common Pleas held on the same 15th day of March ; whereas it ought to have been presented to that court at the…
1Opinion of the Court
Wilde J.
The question is, whether this error is well assigned. In the case of Durell v. Merrill, 1 Mass. R. 411, it was determined by a majority of the Court, that the report of referees on a rule of reference, entered into before a justice of the peace, must be made to the Court of Com*668mon Pleas holden next after the award >vas made ; and that if the court had commenced its session previously to the making of the award, the report could not be accepted at that term. The authority of this case has been admitted in the case of Mott v. Anthony, 5 Mass. R. 490, and in the case of Noyes v. Noyes, 1…
2Cases cited1 opinion
- Durell v. MerrillMassachusetts Supreme Judicial Court · 1805