Bradstreet v. Erskine
Supreme Judicial Court of Maine
Exceptions from the ruling of Davis, J., at Nisi Prius. Tuts was a complaint under the statute for elowage, The bill of exceptions is not among the papers in the case; but, from the arguments of the counsel, it appears, that while the complaint was pending, the parties appeared and agreed to refer the whole matter to the determination of N. H. Hubbard, Esq., conferring on him all the powers which are by the statute conferred upon Court, jury and commissioners.
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Exceptions from the ruling of Davis, J., at Nisi Prius. Tuts was a complaint under the statute for elowage, The bill of exceptions is not among the papers in the case; but, from the arguments of the counsel, it appears, that while the complaint was pending, the parties appeared and agreed to refer the whole matter to the determination of N. H. Hubbard, Esq., conferring on him all the powers which are by the statute conferred upon Court, jury and commissioners. His report was duly made in favor of the complainant. The respondent filed objections to the acceptance of the report, which were, by…
1Opinion of the Court
The alleged causes for exception appear from the opinion of the Court, which was drawn up by
Kent, J.
The objection to the acceptance of the report, on the ground that the referee was not sworn, cannot prevail. There is no principle of the common law and no provision of the statute which requires this. The statute which authorizes parties to refer their disputes, by an agreement, *408signed and acknowledged before a justice of the peace, does not require that the referees should be under oath. An obvious reason for this is — that the parties, by mutual consent, agree upon the persons who are to…
2Cases cited1 opinion
- Commonwealth v. EllisMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Culp v. PriceSupreme Court of Iowa · 1899
- Williams v. PerkinsSupreme Court of Missouri · 1884