Farmington v. Copp and Johnson
Supreme Court of New Hampshire
From Strafford Circuit Court. These two actions were referred to an auditor. In the first the report had been made, and the plaintiff elected a trial by jury. In the second the report had been made, and returned to court, and recommitted to the auditor, who had not yet returned his report.
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From Strafford Circuit Court. These two actions were referred to an auditor. In the first the report had been made, and the plaintiff elected a trial by jury. In the second the report had been made, and returned to court, and recommitted to the auditor, who had not yet returned his report. And now, at this time, the plaintiffs moved for leave to become nonsuit in both actions as a matter of right, to which the defendants objected; but the court, Stanley, J., granted the motion, and the defendants excepted. The questions thereupon arising were transferred to this court for determination.
1Concurrence
The case of Pollard v. Moore, 51 N.H. 188, in which a motion to become nonsuit upon the coming in of the report of commissioners, under the flowage act, was denied, is very analogous to the first of these cases, and may be cited in addition to the case of Fulford v. Converse, cited by my brother Ladd.
In regard to the second case, it seems that the report, though recommitted, had not been rejected, and the defendant, it appears to me, would have the same right to the benefit of it as in the other case. If the plaintiffs did not, with or without further hearing, cause the report to be changed,…
2Cases cited1 opinion
- Pollard v. MooreSupreme Court of New Hampshire · 1871