Newcomb v. Wood
Supreme Court of the United States
Error to the .Circuit Court of the United States for the Northern District of Ohio. Nov. 1, 1872, John Wood, assignee in bankruptcy of Philip E. Robertson, filed his petition in the District Court of the United States for the Northern District of Ohio, against Stephen L. Newcomb, to recover the value of certain goods ;old to the defendant by Robertson, May 6, 1872, within four nonths before the latter filed his petition in bankruptcy.
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Error to the .Circuit Court of the United States for the Northern District of Ohio. Nov. 1, 1872, John Wood, assignee in bankruptcy of Philip E. Robertson, filed his petition in the District Court of the United States for the Northern District of Ohio, against Stephen L. Newcomb, to recover the value of certain goods ;old to the defendant by Robertson, May 6, 1872, within four nonths before the latter filed his petition in bankruptcy. An • 'ssue of fact having been made by the pleadings, the case was, Nov. 18, 1873, by consent of the parties, referred by the court to Henry C. Hedges, Joseph…
1Opinion of the CourtJustice Swayne
A few remarks will be sufficient to dispose of the several assignments of error in this case.
The power of a court of justice, with the consent of the parties, to appoint arbitrators and refer a case pending before it, is incident to all judicial administration, where the right exists to ascertain the facts as well as to pronounce the law. Conventiofacit legem. In such an agreement there is nothing contrary to law or public policy. The Code of Ohio provides (sect. 281) expressly “ that all or any of the issues in the action, whether of fact or law, may be referred upon the written consent of…
2Cases cited4 opinions
- Walker v. SauvinetSupreme Court of the United States · 1876
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