United States v. Ames
U.S. Circuit Court for the District of Massachusetts
This was an action of trespass on the case, brought by the United States against the defendant [David Ames] for flowing land of theirs, situated in Springfield, over which jurisdiction had been ceded to them by the state of Massachusetts.
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This was an action of trespass on the case, brought by the United States against the defendant [David Ames] for flowing land of theirs, situated in Springfield, over which jurisdiction had been ceded to them by the state of Massachusetts. The writ was sued out, April 26, 1843. The general issue was pleaded, and a special bar of an award, which was averred to have been made under a submission between the United States and the defendants, September 24, 1841. The plea sets out the whole submission as entered into by Franklin Dexter, district attorney of Massachusetts, stated to be “authorized…
1Opinion of the Court
WOODBURY, Circuit Justice.
It was ad-' mitted in the argument of this case, that the referees intended to decide the claims of the parties according to law. In that event, the award can probably be examined, and its legality be considered by courts of law, when it is pleaded in bar to an action, as is done in the present instance. Power Co. v. Gray, 6 Metc. (Mass.) 131; Kyd. Awards, 351; Jones v. Frazier, 1 Hawks, 379; Greenough v. Rolfe, 4 N. H. 357.
The objections, relied on chiefly against the validity of the award, are; first, that the referees conform their decisions to the special laws of…
2Cases cited3 opinions
- Commonwealth v. ClaryMassachusetts Supreme Judicial Court · 1811
- People v. GodfreyNew York Supreme Court · 1819
- Inhabitants of Blackstone v. Inhabitants of SeekonkMassachusetts Supreme Judicial Court · 1851
3Cited by6 opinions
- State ex rel Tompton v. DenoyerNorth Dakota Supreme Court · 1897
- Evans Electrical Construction Co. v. University of Kansas Medical CenterSupreme Court of Kansas · 1981
- George J. Grant Construction Co. v. United StatesUnited States Court of Claims · 1953
- George J. Grant Const. Co. v. United StatesUnited States Court of Claims · 1953
- Pytko v. StateConnecticut Superior Court · 1969
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