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8 Mass. 1

Fowler v. Bigelow

Massachusetts Supreme Judicial Court

Decided September 15, 1811

Massachusetts Supreme Judicial Court · decided 1811-09-15

This writ of error was brought to reverse a judgment of the Court of Common Pleas for this county, rendered upon the report of referees appointed by a rule between the parties, made before a justice of the, peace, under the statute of 1786, c. 21.

Cited by 1 later decisions — most recently May 2015

1 state decisions

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Decided 1811-09-15

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By the Court.

¶1The uniform construction of the statute, on which the proceedings in this case were founded, has confined its operation exclusively to personal demands. The words of the statute plainly show this to have been the intention of the legislature. In the fourth section there is a provision that the determination of the referees may, by consent of the parties, be made known to them prior to its being returned to the court; and, in such case, it is made lawful for the party who may be found indebted, to discharge himself therefrom, by paying the same tó the person to whom it shall be awarded, and having his receipt therefor on the back of the determination, &c.

¶2The proceedings in this case were unauthorized by the statute. The report of the referees was void, and the judgment founded thereon erroneous. It must, therefore, be reversed.

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