Cowley v. Dobbins

Decision Date18 January 1878
Citation123 Mass. 587
PartiesCharles Cowley v. Elizabeth Dobbins
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

Middlesex. Motion in the Superior Court to set aside an award made and returned into that court in pursuance of a submission before a justice of the peace under the Gen. Sts. c. 147, §§ 1, 2, on the ground that the arbitrators had made certain mistakes of law.

The submission followed the form given in the statute, and the award, signed by the arbitrators, was as follows: "The subscribers, appointed arbitrators by the annexed agreement of submission between Charles Cowley of Lowell and Elizabeth Dobbins, having heard the parties and their witnesses fully, both parties being present, do award and determine that said Elizabeth Dobbins is indebted to Charles Cowley in the sum of one hundred and fifty-six dollars and seven cents ($ 156.07), and that said Charles Cowley owes said Elizabeth Dobbins nothing, and except as aforesaid neither party has any claim upon the other. And the arbitrators award that two hundred dollars shall be paid them for their services, one half of said amount to be paid by Charles Cowley, and one half by Elizabeth Dobbins."

Brigham, C. J., overruled the motion, and ordered judgment upon the award. The plaintiff alleged exceptions.

Exceptions overruled.

C. Cowley, pro se.

D. S. Richardson & G. F. Richardson, for the defendant, were not called upon.

Endicott & Soule, JJ., absent.

OPINION

By the Court.

The plaintiff's motion shows no grounds for setting aside the award. No question of law having been stated by the arbitrators for the opinion of the court, nor required by the submission to be so stated, the determination of the arbitrators was conclusive upon all matters of law as well as of fact. Ellicott v. Coffin, 106 Mass. 365. Gardner v. Boston, 120 Mass. 266.

Exceptions overruled.

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5 cases
  • Members of Bakery & Confectionery Workers Union v. Hall Baking Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • October 5, 1946
    ...of the arbitrator. Fairchild v. Adams, 11 Cush. 549, 554;Ellicott v. Coffin, 106 Mass. 365;Carter v. Carter, 109 Mass. 306, 309;Cowley v. Dobbins, 123 Mass. 587;Rogers v. Mayer, 151 Mass. 279, 23 N.E. 836;Gillis v. Cobe, 177 Mass. 584, 590, 591, 59 N.E. 455; Selectmen of Danvers v. Commonwe......
  • Members of Bakery & Confectionery Workers Union, Local No. 458 v. Hall Baking Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • October 5, 1946
    ... ... Fairchild v. Adams, 11 Cush ... 549, 554. Ellicott v. Coffin, 106 Mass. 365 ... Carter v. Carter, 109 Mass. 306 , 309. Cowley v ... Dobbins, 123 Mass. 587. Rogers v. Mayer, 151 ... Mass. 279 ... Gillis v. Cobe, 177 Mass. 584 , 590, ... 591. Selectmen of Danvers v ... ...
  • Giles v. Royal Ins. Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • June 17, 1901
    ...court. But further, the words add little to what would have been the law without them. Ellicott v. Coffin, 106 Mass. 365, 367; Cowley v. Dobbins, 123 Mass. 587. See Carter v. Carter, 109 Mass. 306, Gardner v. City of Boston, 120 Mass. 266; Rogers v. Mayer, 151 Mass. 279, 23 N.E. 836. They c......
  • Bennett v. Lodgen's Market
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • March 1, 1950
    ... ... Ellicott v. Coffin, ... 106 Mass. 365; Carter v. Carter, 109 Mass. 306, 309; ... Gardner v. City of Boston, 120 Mass. 266; Cowley ... v. Dobbins, 123 Mass. 587; Selectmen of Danvers v ... Commonwealth, 184 Mass. 502, 507, 69 N.E. 320; ... Members of Bakery & Confectionery ... ...
  • Request a trial to view additional results

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