Churchill v. Crane
Supreme Judicial Court of Maine
Exceptions from the Eastern District Court, Allen J. presiding. The action was brought to recover damages to the land of the plaintiffs, occasioned by the alleged carelessness of the defendants in keeping a fire set by them upon their own land, and from which it came upon the land of the plaintiffs.
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Exceptions from the Eastern District Court, Allen J. presiding. The action was brought to recover damages to the land of the plaintiffs, occasioned by the alleged carelessness of the defendants in keeping a fire set by them upon their own land, and from which it came upon the land of the plaintiffs. While this action was pending in the District Court, the parties made an agreement, out of Court, under their hands and seals, “ to refer the whole subject matter of dispute about said fire and property alleged to have been destroyed by the same,” to three persons named, and then proceeded to say…
1Opinion of the Court
*24At a subsequent term: —
2Per curiam
— In this case the Court below ordered a default to be entered, upon the ground, that the parties had agreed that such default should be entered, if certain arbitrators, agreed upon between them to adjust the controversy, should make their award in favor of the plaintiffs, and return it to Court, which was done. To this order the defendants excepted.
No default could be ordered under such circumstances. An agreement out of Court to refer a controversy to arbitrators, is not in the nature of a rule, entered upon the agreement of the parties present in Court, which is a…
3Cited by1 opinion
- Campbell v. BruenNew York Surrogate's Court · 1850