Smith v. Kimball
Superior Court of New Hampshire
REPORT of referees, on a rule made before a justice of the peace. . Smith brought an action of the case against Kimball, in this county, and at the September term of this court, 1816, recovered judgment.
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REPORT of referees, on a rule made before a justice of the peace. . Smith brought an action of the case against Kimball, in this county, and at the September term of this court, 1816, recovered judgment. On the 3d of December, 1816, Kimball sued out a writ of review, which was served upon Smith on the 4th of January, 1S17. On the same 4th of January the parties entered into a rale of reference before a justice of the peace, in pursuance of the statute of June 21, 1797, and agreed to submit “ the suit made by said Smith “ against said Kimball, which is hereunto annexed, being “ now upon review…
1Opinion of the Court
The case having been continued for advisement,
The court now said that the report could not be accepted, the rule not having been made in pursuance of the statute. The objection taken by Smith’s counsel is fatal. The writ of review cannot be considered as a particular statement under Smith’s hand, within the meaning of the statute.
The safest rule in cases of this kind will be, to hold the parties to a strict compliance with the provisions of the statute. If we depart from this rule it will give rise to innumerable questions, which must depend for their decision *73much more upon the discretion of…
2Cases cited2 opinions
- Jones v. HackerMassachusetts Supreme Judicial Court · 1809
- Bullard v. CoolidgeMassachusetts Supreme Judicial Court · 1807
3Cited by1 opinion
- Eastman v. BurleighSuperior Court of New Hampshire · 1822