Abbott v. Dexter
Massachusetts Supreme Judicial Court
This was an award of arbitrators, made and returned to the court of common pleas, on a submission by the parties under the provisions of the Rev. Sts. c. 114. The submission was da ted March 13th, 1850, and was signed by the plaintiff and by John B. Dexter and Richard Dexter, the'parties of the other part, they being partners in business, under the name of J. B. & R. Dexter, and was acknowledged by the plaintiff, and by John B. Dexter, but was not acknowledged by Richard…
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This was an award of arbitrators, made and returned to the court of common pleas, on a submission by the parties under the provisions of the Rev. Sts. c. 114. The submission was da ted March 13th, 1850, and was signed by the plaintiff and by John B. Dexter and Richard Dexter, the'parties of the other part, they being partners in business, under the name of J. B. & R. Dexter, and was acknowledged by the plaintiff, and by John B. Dexter, but was not acknowledged by Richard Dexter. The parties were heard before the arbitrators, who made their award, which was duly returned to the court of common…
1Opinion of the CourtFletcher, J.
The question now is whether the exception taken by the. plaintiff to the ruling of the court of common pleas can be sustained. This depends wholly upon the terms of the Rev. Sts. c. 114, §§ 1 and 2. The first section defines the class or kind of controversies, which may be submitted. The second section defines the mode or form of submission, and provides that the parties shall appear in person, or by their lawful agents or attorneys, before some justice of the peace, and shall there sign and acknowledge an agreement to refer. The jurisdiction of the arbitrators, to make an award, upon which a…
2Cases cited1 opinion
- Skillings v. CoolidgeMassachusetts Supreme Judicial Court · 1817
3Cited by3 opinions
- Caines v. SawyerMassachusetts Supreme Judicial Court · 1924
- Gessner v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1906
- Day v. StickneyMassachusetts Supreme Judicial Court · 1867