99 Mass. 459
Massachusetts Supreme Judicial Court
Decided September 15, 1868
Massachusetts Supreme Judicial Court · decided 1868-09-15
This was an action of tort in the superior court; and the record showed that at June term 1867 by rule of court under agreement of the parties it was referred to Jarvis Rockwell, Russell C. Brown and Nahum P. Brown for determination; that at February term 1868 Lorenzo H. Gamwell was substituted as arbitrator in the place of Rockwell; that at June term 1868 an award by the three arbitrators first named was filed, dated June 16, 1868, on which day they met and heard the…
Cited by 1 later decisions — most recently March 1876
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1868-09-15
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¶1The award of the arbitrators to whom the rule ot court issued could not be accepted while the record showed that another person was substituted in the place of one of them. If the proceeding under the rule first issued was by the agreement of the parties and sanctioned by the court, the record should be amended to show that fact before the award should be accepted.
¶2Acceptance of award set aside, and case remitted for further proceedings.