Vidal v. Errol\

The form of proceeding adopted by the presiding; justice was accepted by both parties without objection. In State v. Corron, 73 N. H. 434, 462, involving similar procedure, it was said that there was “in substance a trial, — the facts being ascertained from the statements of counsel conceded to be correct, instead of from the: testimony of witnesses.” It does not appear here that the statements made were conceded to be correct, but that feature is immaterial, if the parties elect to rest upon such method of proof. Having; elected to submit the cause in this way, it is too late to object to…