Hoit v. Russell
Supreme Court of New Hampshire
From Cheshire Circuit Court. Trespass quare clausum, and cutting and carrying away wood and timber from the Fox lot, so called, in Chesterfield, prior to March 19, 1870. Plea, the general issue. The action was, at the October term, 1874, referred by order of court to a referee, who gave due notice of the time and place of the hearing to the parties.
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From Cheshire Circuit Court. Trespass quare clausum, and cutting and carrying away wood and timber from the Fox lot, so called, in Chesterfield, prior to March 19, 1870. Plea, the general issue. The action was, at the October term, 1874, referred by order of court to a referee, who gave due notice of the time and place of the hearing to the parties. The referee attended, and also the defendant, but the plaintiff did not appear, and the referee reported these facts to the court; whereupon, on motion of the defendant, the court ordered that the plaintiff should pay the referee’s fees before he…
1Opinion of the Court
FROM CHESHIRE CIRCUIT COURT. 1. It does not appear that the plaintiff was prevented from presenting her case as fully to the jury as she would have done if she had not been required to pay the fees of the referee. As the verdict, therefore, was not affected by the order, the ends of justice do not require that it should be disturbed on that account. The report of the referee was not read to the jury, and I cannot see how the plaintiff's constitutional right to a trial by jury was in any way abridged or impaired by the order in regard to payment of fees.
2. A. deed is good, although not dated,…
2Cases cited4 opinions
- Gibson v. PoorSuperior Court of New Hampshire · 1850
- Piper v. HilliardSupreme Court of New Hampshire · 1872
- Chandler v. DavisSupreme Court of New Hampshire · 1867
- White v. Concord RailroadSuperior Court of New Hampshire · 1855
3Cited by1 opinion
- Owen v. WestonSupreme Court of New Hampshire · 1885