Johns v. Stevens
Supreme Court of Vermont
This was an action on the case for erecting a dam across a stream in Huntington, called Huntington river, and flowing tlie water back on the plaintiff’s land. By the agreement of the parties, and order of court, the cause was submitted to the determination of a referee, who made a report in favor of the defendants. The plaintiff filed his exceptions to the report, but the court accepted it, and rendered judgement for the defendants to recover their costs.
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This was an action on the case for erecting a dam across a stream in Huntington, called Huntington river, and flowing tlie water back on the plaintiff’s land. By the agreement of the parties, and order of court, the cause was submitted to the determination of a referee, who made a report in favor of the defendants. The plaintiff filed his exceptions to the report, but the court accepted it, and rendered judgement for the defendants to recover their costs. The facts in the case, and the grounds on which the referee decided, were stated specially in the report, and were these; That the…
1Opinion of the Court
Prentiss, Ch. J.,
pronounced the opinion of the Court. — It is provided by statute, that when a cause pending in court is referred, by agreement of the parties and a rule of court, the report of the referees shall be returned to the court granting the rule, and be allowed and accepted, unless sufficient cause, in the opinion of the court, shall he shoivn to the contrary. If allowed and accepted, the court is to render judgement upon the report, and award execution; but if not allowed and accepted, or no report be made, and the parties do not again agree to a reference, the cause stands open…
2Cases cited1 opinion
- Stowell v. FlaggMassachusetts Supreme Judicial Court · 1814
3Cited by13 opinions
- Avery v. Vermont Electric Co.Supreme Court of Vermont · 1903
- Armstrong v. PayneCalifornia Supreme Court · 1922
- Ellington v. BennettSupreme Court of Georgia · 1877
- Gladfelter v. WalkerCourt of Appeals of Maryland · 1874
- Kasuba v. GravesSupreme Court of Vermont · 1937
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