Eastman v. Burleigh
Superior Court of New Hampshire
When a rule for a reference is by agreement taken from a justice, returnable i?> him, it is sufficiently certain, if the subject matter r4 the controversy he specified, and its amount. The lime for the return of such a rule may when recommitted be enlarged. When all the referees meet under such a. rule, a renort by a majority of them is binding.
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When a rule for a reference is by agreement taken from a justice, returnable i?> him, it is sufficiently certain, if the subject matter r4 the controversy he specified, and its amount. The lime for the return of such a rule may when recommitted be enlarged. When all the referees meet under such a. rule, a renort by a majority of them is binding. If one undertakes to enter into an agreement to refci m this manner, in behalf o{ himself and anothei, his authority should be shown and in some way appear on the record, or the judgment on the report may be reversed. This was a writ of error to…
1Opinion of the CourtWoodbury, J.
Although the rule in this case does not specify the subject matter of the controversy, yet the agreement to refer describes it as a “ certain quantity of pine timber;” and this agreement being on file with the justice, and legally a part of the record, is a sufficient explanation <rt the ground of the. reference.
Most of the decisions concerning certainty in submissions have taken place upon our statute of June 21, 1797, and not under this act of December 16, 1793. 1 N. H. Law, 89, 90.— 1 N. H. Rep. 72, 190.—5 Mass. Rep. 264.—3 ditto 398, 324.—14 ditto 43.
The former statute requires “ a…
2Cases cited2 opinions
- Buchanan v. CurryNew York Supreme Court · 1821
- Smith v. KimballSuperior Court of New Hampshire · 1817
3Cited by2 opinions
- Buchoz v. Grandjean & GrandjeanMichigan Supreme Court · 1850
- Atwood v. YorkSuperior Court of New Hampshire · 1827