James v. Southern Lumber Co.
Massachusetts Supreme Judicial Court
Three motions, by Charles L. James and Eugene B. Abbot, to the Superior Court, for the acceptance of the awards of arbitrators under the Pub. Sts. c. 188. The Southern Lumber Company, Samuel M. Winchester, and J. Edgar Line objected that the court had no jurisdiction of the awards, because the same had not been returned into court within the time required by law.
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Three motions, by Charles L. James and Eugene B. Abbot, to the Superior Court, for the acceptance of the awards of arbitrators under the Pub. Sts. c. 188. The Southern Lumber Company, Samuel M. Winchester, and J. Edgar Line objected that the court had no jurisdiction of the awards, because the same had not been returned into court within the time required by law. Hearing before Mason, J., who overruled the objection, and allowed exceptions alleged by the Lumber Company and by Winchester and Line, to the exclusion of certain evidence. The cases appear in the opinion.
1Opinion of the CourtField, C. J.
The record in the first case is somewhat confused, but apparently the last agreement of submission was dated May 20, 1889, and it provided that the award should be filed in the Superior Court for the county of Suffolk within six months from that date. On May 24, 1889, the award, contained in a sealed envelope, was sent by the arbitrators to the clerk’s office of said court, and was received by the clerk or his assistant, who indorsed on the envelope the following: “ May 24, Received.” Upon the envelope the arbitrators had written the following indorsement: “To the Superior Court for the…
2Cases cited3 opinions
- Bent v. Erie Telegraph & Telephone Co.Massachusetts Supreme Judicial Court · 1887
- Franklin Mining Co. v. PrattMassachusetts Supreme Judicial Court · 1869
- Standish v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1880
3Cited by6 opinions
- City of Ottumwa v. City Water Supply Co.Court of Appeals for the Eighth Circuit · 1902
- Brotherhood of Railway & Steamship Clerks v. Norfolk Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1944
- Dalton-Ingersoll Co. v. FiskeMassachusetts Supreme Judicial Court · 1899
- Giles v. Royal InsuranceMassachusetts Supreme Judicial Court · 1901
- In Re Abrams and BrennanCalifornia Court of Appeal · 1905
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