Campbell v. Inhabitants of Upton
Massachusetts Supreme Judicial Court
Appeal under the Gen. Sts. c. 147, § 12, from an order of the Superior Court accepting an award made and returned into court in pursuance of a submission under that chapter. The case was submitted to the Superior Court upon an agreed statement of facts.
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Appeal under the Gen. Sts. c. 147, § 12, from an order of the Superior Court accepting an award made and returned into court in pursuance of a submission under that chapter. The case was submitted to the Superior Court upon an agreed statement of facts. The agreement to submit the plaintiff’s claim to arbitration was as follows: “ Know all men, that the inhabitants of the town of Upton, by the undersigned, selectmen of said town, and William T. Campbell, of Natick, have agreed to submit the demand, a statement whereof is hereto annexed, to the determination of George W. Hobbs, of Uxbridge,…
1Opinion of the CourtGray, C. J.
The objections made by the plaintiff to the acceptance of the award have no validity.
1. By the Gen. Sts. c. 147, § 1, all controversies which might be the subject of a personal action at law may be submitted to the decision of arbitrators, in the manner provided in that chapter. The demand submitted might be the subject of a personal action at law between the parties. A town has corporate capacity to sue and be sued, and consequently to submit to arbitration. Gen. Sts. c. 18, § 8. Boston v. Brazer, 11 Mass. 447. Commonwealth v. Roxbury, 9 Gray, 451.
2. The vote of the town, “ that it be left…
2Cases cited3 opinions
- Inhabitants of Boston v. BrazerMassachusetts Supreme Judicial Court · 1814
- Blodgett v. PrinceMassachusetts Supreme Judicial Court · 1871
- Wright v. RaddinMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- Griffith Co. v. San Diego College for WomenCalifornia Supreme Court · 1955
- City of Somerville v. DickermanMassachusetts Supreme Judicial Court · 1879
- Lovejoy v. Inhabitants of FoxcroftSupreme Judicial Court of Maine · 1898
- Doherty v. DohertyMassachusetts Supreme Judicial Court · 1889
- New York Central & Hudson River Railroad v. Frederick Leyland & Co.Massachusetts Supreme Judicial Court · 1916
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