Monosiet v. Post
John F. Monosiet, in Error, versus Henry Post, Jun., and Another
Monosiet v. Post, 4 Mass. 532 (1808)
Headnotes
A submission, under statute of 1786, c. 21, must be to three referees.
Summary
Error to reverse a judgment of the Court of Common Pleas for this county, rendered upon the report of referees appointed by a rule entered into before a justice of the peace, pursuant to the provisions of the statute of 1786, c. 21.
The error relied on was, that the submission was made to two referees only, “ with such person as they may agree to associate with them in said determination, in case the above-named referees cannot agree/’ &c.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
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Per Curiam.
This error is fatal. The statute must be strictly pursued. When parties leave the common law for these peculiar remedies, they cannot expect the Court to show them particular favor Judgment reversed.
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Cited by 7 cases
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