Noyes v. Noyes
Massachusetts Supreme Judicial Court
The parties on the 22d of June, 1821, entered into an agreement of reference before a justice of the peace, pursuant to St. 1786, c. 21. The referees returned their report to the Court of Common Pleas on the second day of the term held in September following, and the report bore date on the same day.
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The parties on the 22d of June, 1821, entered into an agreement of reference before a justice of the peace, pursuant to St. 1786, c. 21. The referees returned their report to the Court of Common Pleas on the second day of the term held in September following, and the report bore date on the same day. It was shown to the counsel for Nathan Noyes, the respondent, who made no objection to the acceptance of it, and it was thereupon accepted and judgment rendered thereon The respondent brought a writ of error to reverse this judgment, because the report was not made to the court at the next term…
1Per curiam
The referees did not make up their report until the day on which it was signed. They had indeed previously agreed what their decision should be, but each of them might have refused his signature on that day. If the report had been written and signed before the sitting of the court to which it was returned, and had been misdated, the amendment might be allowed as of a clerical error. But the report was not made until it was actually signed, any more than a deed or bond would be.
The petitioner took nothing by his petition and the judgment was reversed. 1
See Walker v. Melcher, 14 Mass. Rep. 148;…
2Cases cited3 opinions
- Mott v. AnthonyMassachusetts Supreme Judicial Court · 1809
- Durell v. MerrillMassachusetts Supreme Judicial Court · 1805
- Walker v. MelcherMassachusetts Supreme Judicial Court · 1817