Thompson v. Warner
Supreme Court of Vermont
This was an action of trespass for entering upon the plaintiff’s land and changing the course of a stream flowing thereon. The case was referred and was heard upon the referee’s report, at the • September Term, 1889, Powers, ,J., presiding. Judgment for defendant. The plaintiff excepts.
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This was an action of trespass for entering upon the plaintiff’s land and changing the course of a stream flowing thereon. The case was referred and was heard upon the referee’s report, at the • September Term, 1889, Powers, ,J., presiding. Judgment for defendant. The plaintiff excepts. The rule of reference was as follows : “ It is ordered by the court, by the consent of the parties, that this cause be referred to the determination of John Howe, of Castleton, Esquire, the report of whom, made to this court at the next term, shall be final and conclusive between the parties, the «aid referee…
1Opinion of the Court
The opinion of the court was delivered by
Munson, J.
By consent of the parties, this case was sent to a referee for determination. It was provided in the rule of reference that the report of the referee should be final and conclusive. The referee has fully disposed of the case, and we see no ground ■on which his decision can be reviewed. The parties did not stipulate that the case should be decided according to law. The ref■eree has not submitted any question of law to the court, and it does not appear from his report that he intended to decide ■the matter strictly according to law. Nothing…
2Cases cited5 opinions
- White v. WhiteSupreme Court of Vermont · 1849
- Kimball v. Estate of BaxterSupreme Court of Vermont · 1854
- Hazeltine v. SmithSupreme Court of Vermont · 1831
- Morse v. BeersSupreme Court of Vermont · 1879
- Cutting v. StoneSupreme Court of Vermont · 1851
3Cited by3 opinions
- Gordon's Admr. v. HotchkissSupreme Court of Vermont · 1909
- Craigue v. HallSupreme Court of Vermont · 1901
- Potter v. ThompsonSupreme Court of Vermont · 1892