Pitman v. Thornton
Pitman v. Thornton
Opinion of the Court
This is a bill in equity, and the cause was referred under an ordinary rule of court. An award was returned and ac■cepted, at nisi priusj in Cumberland county, at the April term of court in 1874. The referee stated his conclusions merely, and
The award of a referee, in a suit in equity, stands upon the same footing as a master’s report, except that more authority is usually conferred upon a referee than upon a master. In either case the court has the power to accept, reject or recommit reports, according to the exigencies demanding its interference, at any time until there has been a final decree. Asp v. Warren, 108 Mass., 587. Mayberry v. Morse, 39 Maine, 105. The complainants, however, contend that the acceptance of the award in 1874, and the adjournment of that term of the court, sine die, operated as a final disposition of the case, equivalent to the effect of a final decree; and that after that time there was no remedy open to the respondents but by a new and independent proceeding through a bill of review.
According to the general practice in English chancery, and wherever that practice is adopted by any of the United States, proceedings are regarded as at an end in a case, when the decree has been signed and enrolled. The enrolled decree is the sentence and final decision of the court. It is then a record. It can then be pleaded as a bar or estoppel, and execution can issue upon it. In our practice, (where decrees are not enrolled,) a final decree and judgment thereon are considered as equivalent to an enrolment, and have the same effect; and a decree is regarded as recorded, when formally drawn out and finally adopted and placed on file, although it may not be spread upon the records until some time afterwards.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.