Knapp v. Fisher
Supreme Court of Vermont
Ejectment. The ease was referred by agreement of parties. After hearing before the referees, but before report filed, plaintiff’s attorney made the following entry on the clerk’s docket: “Reference revoked June 7, 1875, before any report. was filed. George W. Cahoon, attorney for plaintiff.”
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Ejectment. The ease was referred by agreement of parties. After hearing before the referees, but before report filed, plaintiff’s attorney made the following entry on the clerk’s docket: “Reference revoked June 7, 1875, before any report. was filed. George W. Cahoon, attorney for plaintiff.” The report was filed June 26, 1875. Plaintiff claimed that no judgment should be rendered on the report, Because she had revoked the reference; and as proof of such revocation, she relied solely upon said entry. But the court, at the December Term, 1875, accepted the report and rendered judgment thereon…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is ejectment; referred by agreement to certain referees named ; report for the defendant, and judgment thereon for the defendant. After the referees had heard the case and made their report, but before it was filed, George W. Cahoon wrote on the clerk’s docket these words: “Reference revoked June 7, 1875, before any report was filed. George W. Cahoon, attorney for plaintiff.”
• The exceptions state that there was no other evidence of the fact of such revocation, or of notice thereof to the referees, before the report was filed,…
2Cases cited3 opinions
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
- Rice v. ClarkSupreme Court of Vermont · 1836
- Howard v. ConroSupreme Court of Vermont · 1829
3Cited by3 opinions
- Weil v. MulvaneyIllinois Supreme Court · 1914
- McClay v. WilliamsonAppellate Court of Illinois · 1928
- Jeffers v. HazenSupreme Court of Vermont · 1897