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94 Mass. 97

Brigham v. Burnham

Massachusetts Supreme Judicial Court

Decided January 15, 1866

Massachusetts Supreme Judicial Court · decided 1866-01-15

<p>If parties to a submission to arbitration under the statute appear and are heard before the arbitrator, a judgment upon his award is not afterwards open to dispute, under Gen. Sts. c. 129, § 78.</p>

Decided 1866-01-15

By the Court.

¶1The familiar rule that a judgment is conclusive between the parties, and cannot be avoided or impeached upon plea and proof, is not changed by Gen. Sts. c. 129, except in actions on “ a judgment obtained by default and without the knowledge of the defendant.” This case does not come within this provision. On the contrary, it appears that the party had notice of the proceedings before the arbitrator, and appeared before him and was heard on the subject matter embraced in the submission and award and the judgment rendered therein.

¶2 Exceptions overruled.

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