35 Vt. 250 | Vt. | 1862
The referee finds in these two cases that the subject matter of the suits was by the parties submitted to Isaac Brown and Horace Smith, who on the 24th September, 1859, after a full hearing, -made an award in favor of the plaintiff. The submission was by parol. It appears from the docket entries in these cases that the two suits, which were pending in the county court at the time of the making of the award, and had been continued from term to term, were at the September Term, 1860, referred to a referee,'“to be tried according to law,” and that the rules of reference were duly enlarged at the April Term, 1861. The trial before the referee was in August, 1861, #
It is conceded by the plaintiff that the submission of the subject matter of the suits to arbitrators is a discontinuance, (Rixford et al. v. Nye et al., 20 Vt. 132; ex parte Wright, 6
Judgment of the county court for the defendant affirmed;.