Davis v. Dyer
Supreme Court of New Hampshire
Assumpsit, upon an account. The specification contains 273 items, and the set-off about as many more. The case was heard by an auditor. Exceptions to the auditor’s rulings upon questions of law were decided in favor of the plaintiff (60 N. H. 400), who then moved for judgment on the report. The defendants claimed a jury trial, and seasonably filed an affidavit stating in what particulars it was expected to change tbe findings of tbe auditor.
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Assumpsit, upon an account. The specification contains 273 items, and the set-off about as many more. The case was heard by an auditor. Exceptions to the auditor’s rulings upon questions of law were decided in favor of the plaintiff (60 N. H. 400), who then moved for judgment on the report. The defendants claimed a jury trial, and seasonably filed an affidavit stating in what particulars it was expected to change tbe findings of tbe auditor. It was found that the case was too complicated to be intelligently understood by a jury, and a jury trial was refused. The defendants, if they cannot…
1Opinion of the CourtAllen, J.
The leading ground on which the defendants claim the privilege of a jury trial for the purpose of changing the auditor’s report, is the right of trial by jury given by the constitution. Art. 20 of the Bill of .Rights provides “that in all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore otherwise used and practised, the parties have a right to trial by jury, and this method shall be held sacred.” The exception in the provision shows that there were cases in which it had been “ otherwise used and practised,” and…
2Cases cited5 opinions
- Lyles v. StateTexas Supreme Court · 1874
- Lafever v. BillmyerWest Virginia Supreme Court · 1871
- Hallett v. CumstonMassachusetts Supreme Judicial Court · 1872
- Hargis v. CampbellSupreme Court of Florida · 1871
- McCampbell v. StateCourt of Appeals of Texas · 1880
3Cited by5 opinions
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- Hallahan v. RileySupreme Court of New Hampshire · 1947
- Ela v. ElaSupreme Court of New Hampshire · 1903
- Curtis S. Ridlon v. New Hampshire Bureau of Securities RegulationSupreme Court of New Hampshire · 2019
- Low v. Independent Christian SocietySupreme Court of New Hampshire · 1893