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Garland v. Towne

Supreme Court of New Hampshire Hillsborough
Aug 1, 1877
58 N.H. 187 (N.H. 1877)

Opinion

Decided August, 1877.

The constitutional objection to the use of a referee's report as evidence in a jury trial, under the referee law of 1874, c. 97, s. 13, was waived, when the referee was appointed by consent of the parties.

CASE, reported in 55 N.H. 55. The cause was committed to a referee, with the consent of the parties, under the referee law of 1874, c. 97, s. 13. At a subsequent jury trial, the defendant excepted to the admission of the referee's report in evidence. Verdict for the plaintiff: motion of the defendant for a new trial.

Morrison Hiland and L. W. Clark, for the plaintiff.

Cilley, Hunt, Bell, and G. Y. Sawyer, for the defendant.


The defendant, by assenting to the reference, waived the exception now taken. Deverson v. Eastern Railroad, ante, p. 129; Smith v. Fellows, ante, p. 169.

Judgment on the verdict.

STANLEY, BINGHAM, and CLARK, JJ., did not sit.


Summaries of

Garland v. Towne

Supreme Court of New Hampshire Hillsborough
Aug 1, 1877
58 N.H. 187 (N.H. 1877)
Case details for

Garland v. Towne

Case Details

Full title:GARLAND v. TOWNE

Court:Supreme Court of New Hampshire Hillsborough

Date published: Aug 1, 1877

Citations

58 N.H. 187 (N.H. 1877)

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