Perkins v. Scott
Supreme Court of New Hampshire
From Grafton Circuit Court. Assumpsit. Plea, the general issue with a set-off. The action was referred to an auditor, who heard the parties and made a report in favor of the plaintiff. Upon the return of the report, the defendant moved to set the same aside for the reasons stated in certain affidavits. The court denied the motion, and the defendant excepted. The defendant then elected a trial by jury.
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From Grafton Circuit Court. Assumpsit. Plea, the general issue with a set-off. The action was referred to an auditor, who heard the parties and made a report in favor of the plaintiff. Upon the return of the report, the defendant moved to set the same aside for the reasons stated in certain affidavits. The court denied the motion, and the defendant excepted. The defendant then elected a trial by jury. Upon the trial, the plaintiff offered the report in evidence, and the defendant objected ; but the court admitted it, and the defendant excepted. For the purpose of determining the questions…
1Concurrence
The historical researches of the defendant's counsel appear to leave our information with respect to the origin of the auditor law in this state about where it was before. As a statute, its first appearance, so far as now appears, was in 1823; and it was then enacted in pursuance of the recommendation of Governor Bell, in his message of the year before, that the law on this subject be "amended." It is conjectured that there was some kind of a statute on the subject in existence at that time, which is now lost; and it is said that the language used by Governor Bell gives countenance to that…
2Cases cited5 opinions
- Plimpton v. Town of SomersetSupreme Court of Vermont · 1860
- Copp v. HennikerSupreme Court of New Hampshire · 1875
- Marston v. BrackettSuperior Court of New Hampshire · 1838
- Wells v. PierceSuperior Court of New Hampshire · 1853
- Doyle v. DoyleSupreme Court of New Hampshire · 1876