Sanborn v. Fellows
Superior Court of New Hampshire
Assumpsit. The first count in the plaintiff’s declaration alleged, that the defendant, on the first day of July, 1847, being indebted to the plaintiff in the sum of $30.60, for labor and materials in building a fence between land of the plaintiff and adjoining land of the defendant, situate in Hamptonfalls, which the defendant was bound by law to repair, at the defendant’s request, promised to pay the plaintiff the same sum, yet, &e.
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Assumpsit. The first count in the plaintiff’s declaration alleged, that the defendant, on the first day of July, 1847, being indebted to the plaintiff in the sum of $30.60, for labor and materials in building a fence between land of the plaintiff and adjoining land of the defendant, situate in Hamptonfalls, which the defendant was bound by law to repair, at the defendant’s request, promised to pay the plaintiff the same sum, yet, &e. The second count was for money paid, f>7, by the plaintiff for the use of the defendant, at his request, &c. Upon the general issue it appeared, that the action…
1Opinion of the CourtBell, J.
It is so obvious a principle of justice, that all persons who are to act as judges, should be impartial, without any interest of their own in the matter in controversy, and without any such connexion with the parties in interest, as would be likely, improperly, to influence their judgment, that it is hardly possible to doubt that such impartiality was required by the Common Law. Blackstone, (8 Comm. 361,) says: “By the Civil and Canon Laws, a judge might be refused upon any suspicion of partiality. By the laws of England, also, in the times of Bracton (l. 5, c. 15,) and Eleta (l. 6, c. 37,) a…
2Cases cited16 opinions
- Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
- Underhill v. DennisNew York Court of Chancery · 1841
- Eggleston v. SmileyNew York Supreme Court · 1819
- Paddock v. WellsNew York Court of Chancery · 1847
- Towns of Winchester & Colebrook v. HinsdaleSupreme Court of Connecticut · 1837
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3Cited by4 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- Winslow v. Town of Holderness Planning BoardSupreme Court of New Hampshire · 1984
- State v. AubertSupreme Court of New Hampshire · 1978
- Appeal of City of KeeneSupreme Court of New Hampshire · 1997