McKinney v. Page

Supreme Judicial Court of Maine

McKinney v. Page

32 Me. 513

CourtSupreme Judicial Court of Maine

DecidedApril 15, 1851

StatusPublished

Cited by1 cases

This text of 32 Me. 513 (McKinney v. Page) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McKinney v. Page, 32 Me. 513 (Me. 1851).

Pincite

Opinion

Howard, J.,

orally.—The persons selected to see if the contract was fulfilled seem to be viewed by the counsel, as having the power of referees. If so, they could not without [515]*515notice to the defendant, lawfully proceed to the examination, upon which their decision was to be founded. But they are not considered by the court to have been invested with the power of referees, and their doings therefore are not conclusive. Their opinion was subject to be controlled by evidence.

Exceptions sustained.

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Howard, J.,

orally.—The persons selected to see if the contract was fulfilled seem to be viewed by the counsel, as having the power of referees. If so, they could not without [515]*515notice to the defendant, lawfully proceed to the examination, upon which their decision was to be founded. But they are not considered by the court to have been invested with the power of referees, and their doings therefore are not conclusive. Their opinion was subject to be controlled by evidence.

Exceptions sustained.

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Bluebook (online)

32 Me. 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-page-me-1851.

Opinion

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