Legal Opinion

Kennebec Housing Co. v. Barton

Supreme Judicial Court of Maine

Decided March 17, 1923PublishedCited by 7 opinions

1Opinion of the CourtDeast, J.

This case arises on exceptions to the acceptance of a referee’s report.

When a suitor consents to the reference of his case he waives his rights to trial according to legal forms and rules, submits it to a tribunal of his own choosing and in effect agrees to be bound by the judgment of that tribunal both as to law and facts.

While the contrary is true in some jurisdictions, in this State it is held that when a disinterested referee has heard the parties and rendered a decision according to his own judgment, “The award must stand even though it is contrary to law.” Perry v. Ames, 112 Maine, 203.…

2Cases cited9 opinions

  1. Clark v. HewittCalifornia Supreme Court · 1902
  2. Phaneuf v. CoreyMassachusetts Supreme Judicial Court · 1906
  3. Johnson v. MantzSupreme Court of Iowa · 1886
  4. Grout v. First National BankSupreme Court of Colorado · 1910
  5. Baehr v. BuellWisconsin Supreme Court · 1907

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3Cited by7 opinions

  1. Bradford v. DavisSupreme Judicial Court of Maine · 1947
  2. Larkin v. GronnaNorth Dakota Supreme Court · 1939
  3. Inhabitants of Norridgewock v. Inhabitants of HebronSupreme Judicial Court of Maine · 1957
  4. Poretta v. Superior Dowel CompanySupreme Judicial Court of Maine · 1957
  5. Blanchette v. MilesSupreme Judicial Court of Maine · 1942

2 more not listed; retrieve them via the Exa API.

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