Opinion · Supreme Judicial Court of Maine

Anderson v. Farnham

Anderson v. Farnham, 34 ME 161 (Me. 1852)

Type
Opinion
Court
Supreme Judicial Court of Maine
Jurisdiction
Maine
Date
1852-07-01
Topic
general

The opinion of the Court, Shepley, C. J., Wells, Rice and Appleton, J. J., was drawn up by Rice, J. This case comes before us on exceptions to the rulings of the Judge of the District Court, rejecting the report of referees. The parties voluntarily referred their action, then pending in Court, to referees, on such terms and conditions as were satisfactory to themselves.

Citator

UpLaw has not yet analyzed Anderson v. Farnham. The absence of a flag is not a finding that it is good law.

Cited by
1 opinion

The opinion of the Court, Shepley, C. J., Wells, Rice and Appleton, J. J., was drawn up by

Rice, J.

This case comes before us on exceptions to

the rulings of the Judge of the District Court, rejecting the report of referees. The parties voluntarily referred their action, then pending in Court, to referees, on such terms and conditions as were satisfactory to themselves. Ordinarily, rules of Court provide, that the report of the referees or a majority of them, shall be final, &c. It is, however, competent for parties to insert in their rule other and different provisions. Whatever provisions are thus inserted, unless they are in violation of law, are binding upon the parties. In this case they did not choose to agree to be bound by the judgment of a simple majority of the referees. The Court has no authority to change the provisions of the rule adopted by them against the consent of either party. The defendant was entitled to the judgment of the three referees. The report is made by two only. There does not appear to have *162 been any wrong practiced by the defendant, by which the other referee has been prevented joining in the report, had he desired so to do.

A. M. Robinson, for the plaintiff. A. Sanborn, for the defendant.

The parol evidence offered was properly rejected.

Exceptions overruled.