Atwood v. York
Superior Court of New Hampshire
This was a writ of error brought to reverse a judgment of a justice of the peace rendered upon a report of referees under a rule made before the said justice. The rule was as follows : State of New Hampshire.
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This was a writ of error brought to reverse a judgment of a justice of the peace rendered upon a report of referees under a rule made before the said justice. The rule was as follows : State of New Hampshire. Town of Poplin, in the county of Rockingham, January 6, 1826. Know all men that Lowell Atwood and Ruth W. Atwood, &c. and Levi York, &c. have agreed to submit the demand, &e. which is hereunto annexed to the determination of J. S., N. K., and W. L., the report of whom or the major part of whom, being made as soon as may be f;.i John Brown, Esq. &c. judgment thereon tobe final, and if…
1Opinion of the CourtRichardson, C. J.
When parties have a controversy of two hundred dollars value, or under, which they are desirous to settle by a reference, they may apply to a justice of the peace and enter into a rule for the purpose, and the justice is authorized to receive the report of the referees and to enter judgment accordingly. The rule is a written agreement signed by the parties and by them acknowledged before the justice. By the acknowledgment the agreement becomes a record before the justice and the proper foundation of a judgment rendered upon any report made in pursuance of the submission.
As the referees may…
2Cases cited3 opinions
- Whitney v. CookMassachusetts Supreme Judicial Court · 1809
- Durell v. MerrillMassachusetts Supreme Judicial Court · 1805
- Eastman v. BurleighSuperior Court of New Hampshire · 1822