Rice v. Clark
Supreme Court of Vermont
This cause being referred at a previous term of the county court By a written agreement of reference and the referees having failed to make report at the present term, the defendant now moved that the cause stand for trial in court, contending that the failure of the referees to make report at the present term operated in law to terminate their powers.
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This cause being referred at a previous term of the county court By a written agreement of reference and the referees having failed to make report at the present term, the defendant now moved that the cause stand for trial in court, contending that the failure of the referees to make report at the present term operated in law to terminate their powers. But the court decided that by force of the agreement the powers of the referees remained, and no sufficient reason being shown to induce the court to discharge them, the cause was ordered to stand for a report at the next term. To which…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The attention of the court has been confined to a single question. It appears that these parties agreed to submit their controversies to reference, that a rule was entered into probably at the April term of the county court in 1834. The parties had previously agreed to submit the matters to a reference and were to pay -the stipulated damages of $500 if either neglected or refused. It is obvious that it was optional with each, whether they were to enter into this .rule. They might have refused, and paid thestipulateddamages. The court…
2Cases cited1 opinion
- Bloore v. PotterNew York Supreme Court · 1833
3Cited by4 opinions
- Lazeel v. HoughtonSupreme Court of Vermont · 1860
- Jeffers v. HazenSupreme Court of Vermont · 1897
- Knapp v. FisherSupreme Court of Vermont · 1876
- Baxter v. ThompsonSupreme Court of Vermont · 1853