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43 Me. 176

Maberry v. Morse

Supreme Judicial Court of Maine

Decided July 1, 1857

Supreme Judicial Court of Maine · decided 1857-07-01

The plaintiff at Nisi Prius, Goodenow, J., presiding, moved the acceptance of a report of referees. The defendant moved a recommitment, because injustice and partiality are manifest upon the face of the award; for excess of authority, and for newly discovered evidence. But these objections were not made in writing, and filed with the clerk. The presiding judge ordered the acceptance of the report, to which the defendant excepted.

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

How this case has been cited

Cited by 5 later decisions — most recently June 1950

4 state decisions

2018571860187018801890190019101920193019401950decided

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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Appleton, J.

¶1By R. S., chap. 96, p. 9, this court is authorized “ from time to time to establish all such rules and regulations as may be necessaiy respecting the modes of trial and the conduct of business, not being repugnant to law, whether in relation to suits at law or in equity.” The rules established in pursuance of this authority, have all the binding and obligatory force of a statute. They are binding on any justice at Nisi Prius, or on this court sitting in banc. Neither this court, nor any member, can dispense with or disregard them. Thompson v. Hatch, 3 Pick., 512.

¶2By the 21st rule of this court, 37 Maine, 21, all objections are required to be in writing, and unless in writing, the court ivill not consider them. The exceptions signed by the counsel, excepting to the rulings of the justice presiding at Nisi Prius, show that no written objections to the acceptance of *177this report wore ever filed. The court therefore, by its own rules, are precluded from considering them.

¶3Exceptions overruled.

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