Carroll v. Locke
Supreme Court of New Hampshire
By consent of the parties, the cause was committed to a referee, with an order of court that his report should be final, and that judgment should be entered thereon as of the term at which the cause was thus referred. Upon the return of the referee’s report at the next subsequent trial term, upon the defendants’ motion and against the plaintiff’s objection, the action was brought forward and restored to the docket.
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By consent of the parties, the cause was committed to a referee, with an order of court that his report should be final, and that judgment should be entered thereon as of the term at which the cause was thus referred. Upon the return of the referee’s report at the next subsequent trial term, upon the defendants’ motion and against the plaintiff’s objection, the action was brought forward and restored to the docket. Thereupon the plaintiff moved for judgment upon the report, which was ordered. The defendants then moved for a stay of execution under the 51st rule of court, claiming that under…
1Opinion of the Court
Foster, J.. Civil actions in the supreme court, in which an issue has been joined and judgment rendered, except in cases otherwise provided, and such actions in which judgment has been rendered by agreement of parties open to review, may be once reviewed.” Gen. St., c. 215, s. 1.
After issue joined, this cause was referred by consent. The right of trial by jury, and the right of review, were waived by the terms of the agreement providing that the report should be final and that judgment should be entered thereon, as of the term at which the cause was referred. There is no suggestion of any…
2Cases cited1 opinion
- Perkins v. ScottSupreme Court of New Hampshire · 1876
3Cited by2 opinions
- Dodge v. StickneySupreme Court of New Hampshire · 1882
- Parsons v. HilliardSupreme Court of New Hampshire · 1881