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NEWCOMB v. WOOD

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97 U.S. 581 (1878)

24 L.Ed. 1085

NEWCOMB, v. WOOD.

Supreme Court of United States.

December 2, 1878.

Attorney(s) appearing for the Case

Mr. Jeremiah M. Wilson for the plaintiff in error.

Mr. Walter H. Smith, contra.

MR. JUSTICE SWAYNE delivered the opinion of the court.

A few remarks will be sufficient to dispose of the several assignments of error in this case.

The power of a court of justice, with the consent of the parties, to appoint arbitrators and refer a case pending before it, is incident to all judicial administration, where the right exists to ascertain the facts as well as to pronounce the law. Conventio facit legem...

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