Hogan v. Ward

Decided January 12, 1875

Massachusetts Supreme Judicial Court · decided 1875-01-12

Contract, begun by a writ dated February 1,1872, returnable to the Superior Court. At June term, 1872, the case was, by agreement of parties and rule of court, referred to three referees, whose judgment was to be final. An award was made by two of the referees in favor of the plaintiffs, which was filed in court. This was set aside and the case recommitted to the same referees.

Relies on Riley v. Farnsworth · Commonwealth v. Inhabitants of Gloucester

Good law ✅— No negative treatment on recordhow we know

Decided 1875-01-12

How this case has been cited

Cited by 7 later decisions — most recently December 1981

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gray, C. J.

¶1An appeal from a ruling or order of the Superior Court in an action pending there cannot be entered in hbia court until after final judgment in the court below. Bennett v. Clemence, 3 Allen, 431, and other cases collected in Commonwealth v. Gloucester, 110 Mass. 491, 497. Riley v. Farnsworth, 116 Mass. 223. The present action was commenced in the Superior Court, referred by rule of that court to arbitrators, and is still pending and must be finally determined there.

¶2The case differs from those cited for- the appellants, of awards upon a submission before a justice of the peace, or verdicts of a sheriff’s jury, in which nothing but the award or the verdict is ever in the Superior Court. Appeal dismissed.