Holmes v. Hunt
Massachusetts Supreme Judicial Court
Contract on an account annexed, containing a large number of items, for a rice mill and machinery to be used in connection with it, sold to the defendant, and for labor about the same. • The action, which was brought in this court, was referred to an auditor, “ to hear the parties and examine their vouchers and evidence, and to state accounts and make report thereof to the court.”
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Contract on an account annexed, containing a large number of items, for a rice mill and machinery to be used in connection with it, sold to the defendant, and for labor about the same. • The action, which was brought in this court, was referred to an auditor, “ to hear the parties and examine their vouchers and evidence, and to state accounts and make report thereof to the court.” The auditor made a report, in which he stated the account, but declined to pass upon the question whether the plaintiffs gave credit to the defendant or to C. S. Hunt & Company, of which firm the defendant was not a…
1Opinion of the CourtGray, C. J.
The practice of referring matters of account to auditors as subordinate officers of the court is of very ancient origin. In the common law action of account, which was in use as early as the reign of Henry III., the court, upon rendering the interlocutory judgment quad computet, assigned auditors to take the accounts between the parties. But that form of action was restricted to a few classes of accounts; issues of law or of fact arising before the auditors were certified by them to the court for trial and determination by the court or by a jury ; and the auditors had no power to examine the…
2Cases cited25 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Stuart v. LairdSupreme Court of the United States · 1803
- Pillow v. RobertsSupreme Court of the United States · 1852
- Lee v. TillotsonNew York Supreme Court · 1840
- Howard v. . MootNew York Court of Appeals · 1876
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3Cited by85 opinions
- Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Attorney General v. JohnsonCourt of Appeals of Maryland · 1978
- Cook v. Farm Service Stores, Inc.Massachusetts Supreme Judicial Court · 1938
- State v. HardenWest Virginia Supreme Court · 1907
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