Hall v. Hall
Supreme Court of Connecticut
IN ERROR. This was an action on the casé, complaining of an injury done to the plaintiff, by the defendant’s dog accustomed to bite, brought to the county court, November term, 1818, and continued to February term, 1819. At the latter term, the cause, by mutual agreement of the parties, was referred to referees, pursuant to the statute, (a) Each of the parties chose one of the referees, and the court appointed a third ; of which the clerk made an entry in his records.
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IN ERROR. This was an action on the casé, complaining of an injury done to the plaintiff, by the defendant’s dog accustomed to bite, brought to the county court, November term, 1818, and continued to February term, 1819. At the latter term, the cause, by mutual agreement of the parties, was referred to referees, pursuant to the statute, (a) Each of the parties chose one of the referees, and the court appointed a third ; of which the clerk made an entry in his records. The following order of the court was thereupon passed : “ The above referees áre to hear the parties, with their evidence, in…
1Opinion of the Court
Hosmer, Ch. J.
The appointment of the referees is the act of the court, founded on the consent of the parties. If the time limited for the return of their award, has expired, there must be a new appointment of them, and not a mere extension of the time within which they may make such report. To continue the appointment, which is a repetition of the same act, requires the same consent of the parties, as to originate it. *310Tbb is a matter of practice, long and uniformly settled, in this state. It results, as a consequence, that the appointment of the referees, by the court, without the consent of…
2Cases cited1 opinion
- Shaw v. PearceSupreme Court of Pennsylvania · 1812
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