Wright v. Raddin
Massachusetts Supreme Judicial Court
Appeal under the Gen. Sts. c. 147, § 12, from an order of the superior court for judgment for the plaintiff on an award made and returned into court and accepted and confirmed in pursuance of a submission under §§ 1,2, the agreement in which was signed with the names of the parties, followed by a certificate of the justice of the peace that “ then the above named John Raddin personally, and said Nancy Wright by her attorney, Minot Tirrell, Jr., appeared and acknowledged the…
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Appeal under the Gen. Sts. c. 147, § 12, from an order of the superior court for judgment for the plaintiff on an award made and returned into court and accepted and confirmed in pursuance of a submission under §§ 1,2, the agreement in which was signed with the names of the parties, followed by a certificate of the justice of the peace that “ then the above named John Raddin personally, and said Nancy Wright by her attorney, Minot Tirrell, Jr., appeared and acknowledged the above instrument, by them signed, to be their free act.”
1Opinion of the CourtHoar, J.
This is an action upon an award made in pursuance of a submission under the statute. Gen. Sts. c. 147, §§ 1, 2. The objection taken to it is, that the submission did not strictly conform to the statute requirements, which it must do to have any validity. Abbott v. Dexter, 6 Cush. 108. The only defect suggested is, that the name of Nancy Wright is signed, and the acknowledgment is made for her before the magistrate, by an attorney. The statute requires that the parties shall appear in person or by attorney before the magistrate, and there sign the submission and acknowledge it to be their free…
2Cited by1 opinion
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