Bennett v. Atwood
Supreme Court of New Hampshire
From Carroll Circuit Court. At the April term, 1875, this action was referred by agreement of parties. Beport was made at the October term, 1875, and judgment entered upon the report. At the April term, 1876, the plaintiff moved that the action be brought forward for review. The defendant objected, on the ground that review does not lie. The motion was granted, and the defendant excepted.
1Opinion of the Court
FROM CARROLL CIRCUIT COURT. I think the ruling in this case was wrong. By entering into an agreement to refer their cause under a rule of court, the parties withdrew it from the operation of the laws which prescribe the order and mode of proceeding in suits at law. In place of a trial by jury or by the court, was substituted a trial before a tribunal which they selected and made for themselves; and their agreement as to the course of proceedings, and the disposition of the case thereupon, became the law by which their rights and obligations were fixed. They agreed that judgment on the report…
2Cited by1 opinion
- Parsons v. HilliardSupreme Court of New Hampshire · 1881