George v. Fellows
Supreme Court of New Hampshire
Trover, for' a horse. Plea, that the defendant attached it on mesne process against the plaintiff; replication, that it was required for farming or teaming purposes, or other actual use. Reported 59 N. H. 206. The issue was tried by a referee, who found for the defendant, and reported the following exceptions taken on the trial before him.
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Trover, for' a horse. Plea, that the defendant attached it on mesne process against the plaintiff; replication, that it was required for farming or teaming purposes, or other actual use. Reported 59 N. H. 206. The issue was tried by a referee, who found for the defendant, and reported the following exceptions taken on the trial before him. At the hearing the defendant’s counsel stated that the case had been once tried, and there was a verdict for the defendant, but it had been set aside. This statement was objected to by the plaintiff, and an exception taken. The horse was attached Feb. 27,…
1Opinion of the CourtStanley, J.
The statement of the defendant’s counsel that there had been a trial and a verdict for the defendant, was irregular and improper. Hilliard v. Beattie, 59 N. H. 462, 465, and authorities there cited. But whether it would invalidate the report if it did not appear that no injustice was done, is a question not necessary to be considered. A report in favor of the plaintiff would not have been according to the proof. The evidence upon which the referee found that the horse was not required for the plaintiff’s use satisfactorily establishes that fact, and shows that no wrong is done by the report,…
2Cases cited1 opinion
- Hilliard v. BeattieSupreme Court of New Hampshire · 1879
3Cited by1 opinion
- Towne v. MarshallSupreme Court of New Hampshire · 1887