Northern Central Railway Co. v. Canton Co.

Goldsborough, J., delivered the opinion of this Court. The appeal in this case is taken from a decision of the Superior Court of Baltimore City, overruling exceptions to an award of I. N. Steele, Esq., and rendering judgment on the award for the appellee. The case referred to Mr. Steele originated in an action of trespass q. c. f., by the appellee against the appellant, to recover damage for the trespass alleged in the plaintiff’s declaration. While this action was pending in the Superior Court, it was referred to Mr. Steele by consent of both parties, in accordance with the provisions of the 7th Art. of the Code.

The question in dispute being under consideration of the referee, and before any award was made by him, the appellant, at the May Term, 1863, of the Superior Court, made a motion for a rule on the referee to stay the proceedings, on the ground that an injunction had issued out of the Circuit Court for Baltimore City, to restrain the appellee from the further prosecution of the case thus referred, and that an' appeal taken from the order granting the injunction was then pending in the Court of Appeals. This order was subsequently reversed. ⁵⁰⁶ The Court discharged the rule, and at the same time the referee filed his award. The reasons filed by the appellant fer setting aside the award and reversing the judgment of the Superior Court, rendered on the award, are set out in the record, and we have maturely considered them. Where an award is made on a case referred under the 7th Art. of the Code, no objections can he ordinarily made to it except such as are specified in the 2nd sec. of the above article, or to such legal