Strite v. Reiff

Irving, J., delivered the opinion of the Court. The appeal in this case must be dismissed. It appears by the record, that the subject-matter of the controversy involved in this appeal, was, by written agreement of parties, submitted to the arbitrament and award of “the three Judges of the Orphans’ Court,” (of Washington County,) “ whose judgment and determination in the premises shall he binding, final and conclusive upon all the parties, unless appealed from within thirty days thereafter by any party aggrieved, and such appeal shall be to the Court of Appeals of Maryland.” Abraham Strite, as executor of another Abraham Strite, held a fund of which Henry Strite, (one of the appellants,) as a child of the deceased Abraham Strite, is entitled to a share, unless Israel Reiff, who claims by a deed of trust to him from Henry Strite, or D. M. Witmer, (who also claims by assignment from Henry Strite,) is entitled to this share. Three persons are claiming of the executor, and it is their respective claims which they have submitted to the arbitration of the Judges of the Orphans’ Court.

It is apparent, that the Orphans’ Court, as such, had no power finally to adjudge between these persons as to their respective rights; and it is so conceded by the appellant. If their award. has any binding effect, it is because of the agreement making the submission to them. Whether that agreement making the submission was made under, and was warranted by sec. 7, Art. 7, of the Code of Public General Laws; or was a reference by agreement to the Judges, as individuals, irrespective of ⁹⁵ that section of the Code makes no difference. If the reference was to the Judges as an Orphans’ Court, and was warranted hy the statute, the decision would he final, and no appeal would lie.

The statute contemplated no appeal from the award itself. It provided for a final settlement of disputes in this way to save litigation, evidently, and therefore provided for no appeal. Consent cannot give jurisdiction; and the reservation of the right of appeal, hy the terms of reference, can confer on this Court no right to hear the case. If the reference was outside the provisions of the statute, it stands in the attitude of an ordinary case of arbitration