French v. Shackford
Superior Court of New Hampshire
This was a writ of error, brought to reverse a judgment rendered by a justice of the peace upon a report of a referee. It appeared by the copy of the proceedings before the justice that Shackford, having made out an account as follows— “ Dr. N. French to S. Shackford, 1821, March 22, for hay, - $13,51 1822 ——• —, for hay, - 15,51 Int. - 5,22 34,24 n French and Shackford agreed to submit the same account, and all other demands between them, to a referee, and reduced the…
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This was a writ of error, brought to reverse a judgment rendered by a justice of the peace upon a report of a referee. It appeared by the copy of the proceedings before the justice that Shackford, having made out an account as follows— “ Dr. N. French to S. Shackford, 1821, March 22, for hay, - $13,51 1822 ——• —, for hay, - 15,51 Int. - 5,22 34,24 n French and Shackford agreed to submit the same account, and all other demands between them, to a referee, and reduced the agreement to writing as follows:— “ Chester, January 13, 1826. Rockingham, ss. Know all men that I Samuel S. &c., and…
1Opinion of the Court
The opinion of the court was delivered by
RichaRdson, C. J.
It is contended on behalf of the plaintiff in error, that the judgment, which is now before us, ought to be reversed, because there was no rule in the case, which could be the foundation of a judgment.
It must be conceded, that there was no rule in the sense in which that term is commonly used in a court of justice. A rule of court is an order of the court, which, if disobeyed, subjects the offender to punishment for a contempt. In England, the submission of a cause, pending, to'arbitration, is often made arule of court,and agreements…
2Cited by1 opinion
- Brown v. SceggellSuperior Court of New Hampshire · 1851