Legal Opinion · Concurrence

Hoit v. Russell

Supreme Court of New Hampshire

Decided March 22, 1876Published

From Cheshire Circuit Court. Trespass quare clausum, and cutting and carrying away wood and timber from the Fox lot, so called, in Chesterfield, prior to March 19, 1870. Plea, the general issue. The action was, at the October term, 1874, referred by order of court to a referee, who gave due notice of the time and place of the hearing to the parties.

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From Cheshire Circuit Court. Trespass quare clausum, and cutting and carrying away wood and timber from the Fox lot, so called, in Chesterfield, prior to March 19, 1870. Plea, the general issue. The action was, at the October term, 1874, referred by order of court to a referee, who gave due notice of the time and place of the hearing to the parties. The referee attended, and also the defendant, but the plaintiff did not appear, and the referee reported these facts to the court; whereupon, on motion of the defendant, the court ordered that the plaintiff should pay the referee’s fees before he…

1Concurrence

This action was referred, and due notice of the hearing was given by the referee to the parties. The referee attended, and also the defendant, but the plaintiff did not appear, and the referee reported the facts to the court. Thereupon, on motion of the defendant, the court ordered that the plaintiff should pay the referee's fees before she should be permitted to go to the jury; and the plaintiff excepted.

The referee law of 1874 is closely analogous to the provisions of the General Statutes in regard to auditors. Sec. 5 of ch. 212 of the Gen. Stats. provides that "If either party, neglects or…

2Cases cited7 opinions

  1. Copp v. HennikerSupreme Court of New Hampshire · 1875
  2. Whittier v. VarneySuperior Court of New Hampshire · 1839
  3. Yourt v. HopkinsIllinois Supreme Court · 1860
  4. Odiorne v. HowardSuperior Court of New Hampshire · 1839
  5. Gibson v. PoorSuperior Court of New Hampshire · 1850

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