Mooers v. Allen
Supreme Judicial Court of Maine
On Facts agreed. Debt upon an award. The defendant’s intestate, Polly Allen, was plaintiff in a suit pending in the District Court against this defendant. The parties referred the claim made in that suit, together with all other demands, by a written common law submission, to the determination of arbitrators. The arbitrators met the parties and, for their own convenience, adjourned the hearing to a subsequent day.
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On Facts agreed. Debt upon an award. The defendant’s intestate, Polly Allen, was plaintiff in a suit pending in the District Court against this defendant. The parties referred the claim made in that suit, together with all other demands, by a written common law submission, to the determination of arbitrators. The arbitrators met the parties and, for their own convenience, adjourned the hearing to a subsequent day. Polly Allen then transferred all her right and interest in the demand to one Ira Thing. Afterwards, before the arrival of the day to which the hearing was adjourned, she died. The…
1Opinion of the CourtRice, J.
— Prior to April 5th, 1850, Polly Allen, the plaintiff’s intestate, had commenced an action at law against the defendant. On that day the parties, in writing, agreed to refer that suit with the costs in the same, and all demands between the parties, to arbitrators, the report of whom, or a major part of whom, made as soon as may be convenient, to ■ be final.
This being a submission, not under the statute nor under a rule of court, but at common law, was a discontinuance of the action then pending. West v. Stanly, 1 Hill, 69; Towns v. Wilcox, 12 Wen. 503; Ex Parte Wright, 6 Cow. 399.
During the…
2Cases cited1 opinion
- Ex parte WrightNew York Supreme Court · 1826
3Cited by4 opinions
- Aldrich v. AldrichAppellate Court of Illinois · 1931
- Campbell v. CampbellCourt of Appeals for the D.C. Circuit · 1915
- TRAFFORD v. City of WestbrookDistrict Court, D. Maine · 2009
- Lary v. GoodnowSupreme Court of New Hampshire · 1868