King v. Hopkins
Supreme Court of New Hampshire
From Hillsborough Circuit Court. Case, for flowing the plaintiff’s land. Verdict for the defendant. The case was referred by order of the court, at a previous term, to a referee, under the statute of 1874, whose report, in the defendant’s favor, was offered in evidence by the defendant, and admitted against the plaintiff’s objection.
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From Hillsborough Circuit Court. Case, for flowing the plaintiff’s land. Verdict for the defendant. The case was referred by order of the court, at a previous term, to a referee, under the statute of 1874, whose report, in the defendant’s favor, was offered in evidence by the defendant, and admitted against the plaintiff’s objection. The plaintiff excepted to the ruling admitting the same, upon the ground that said statute making such report evidence for the jury is in that respect unconstitutional. The plaintiff moved to set aside the verdict, and for a new trial for supposed error in the…
1Dissent
I find it impossible to agree with the opinions expressed by the majority of the court in this case, and I propose to indicate, as briefly as possible, the reasons of my dissent, and the authorities on which they rest.
The statute under consideration makes it the duty of the courts to commit to referees certain actions of certain specified classes, and provides that the report of the referees made in such a case shall be evidence to be laid before a jury; and it is objected, that a provision for thus submitting the report to the jury on the trial of a case, impairs the right of trial by jury…
2Cases cited26 opinions
- Howard v. . MootNew York Court of Appeals · 1876
- Morrison v. SpringerSupreme Court of Iowa · 1863
- Parsons v. ParsonsSuperior Court of New Hampshire · 1838
- King v. ChaseSuperior Court of New Hampshire · 1844
- Marston v. BrackettSuperior Court of New Hampshire · 1838
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