Free v. Buckingham
Supreme Court of New Hampshire
In Equity. The bill alleged a deed fraudulently made by tbe defendant Buckingham, as attorney of tbe plaintiffs, to tbe defendant Young, and contained a prayer that tbe deed be set aside, and for other relief.
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In Equity. The bill alleged a deed fraudulently made by tbe defendant Buckingham, as attorney of tbe plaintiffs, to tbe defendant Young, and contained a prayer that tbe deed be set aside, and for other relief. Tbe cause was sent to a referee, selected by tbe parties, under tbe provisions of tbe Laws of 1876, e. 35, s. 2. He reported against Buckingham and Young, who moved to set aside the report on account of alleged erroneous rulings of tbe referee, and also because, as they claimed, it was against the evidence. The court reserved tbe questions of law arising upon tbe referee’s report, and…
1Opinion of the Court
Foster, J.'
The referee occupied no such position, and sustained no such relation to the court or the cause, as that of a master in chancery appointed to acquire and impart facts for the information of the conscience of the court; but he sustained toward the cause, the parties, and the court precisely the position of an arbitrator at common law, with no other restriction of his powers or duties than the requirement that he proceed according to the rules of equity and tbe practice in court, and report his decision, stating specifically his rulings upon all questions of law and all matters of…
2Cases cited2 opinions
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Hill v. Town of New HavenSupreme Court of Vermont · 1865
3Cited by18 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- Britt v. Superior CourtCalifornia Supreme Court · 1978
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- State v. MannionSupreme Court of New Hampshire · 1927
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