Jeffers v. Hazen
Supreme Court of Vermont
Assumpsit. Rule of reference discharged at the March Term, 1897, Essex County, Start, J., presiding. The reference was not revocable except for legal cause. Knapp v. Fisher, 49 Yt. 94. Though the parties select the referee, the court appoints him, and the court should not discharge its rule without cause. Haskell v. Whitney, 12 Mass. 47; Dexter v. Young, 40 N. H. 130; Ferris v. Munn, 22 N. J. Law 161. Harry Blodgett and W. P. Stafford for the plaintiff.
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Assumpsit. Rule of reference discharged at the March Term, 1897, Essex County, Start, J., presiding. The reference was not revocable except for legal cause. Knapp v. Fisher, 49 Yt. 94. Though the parties select the referee, the court appoints him, and the court should not discharge its rule without cause. Haskell v. Whitney, 12 Mass. 47; Dexter v. Young, 40 N. H. 130; Ferris v. Munn, 22 N. J. Law 161. Harry Blodgett and W. P. Stafford for the plaintiff. Attention is called to Rev. Stat. (1839) p. 162, §§ 21 and 22, which became R. L. 985 and 986; Acts of 1884, No. 129; V. S. 1437, 1438 and…
1Opinion of the CourtTaft, J.
This cause was referred at the March Term, 1892, and continued from term to term until the September *457term, 1895, when an order was entered that the plaintiff should procure a report at the next term or become non-suit. Hearings were had between that term and the March Term, 1896, but without fault of either party, were not closed, and the case was continued at the March and September Terms, 1896. At the March Term, 1897, no report having been made, the plaintiff was permitted to revoke the order of reference, the court ruling as a matter of law that he had the right to do so. Whether this…
2Cases cited4 opinions
- Lazeel v. HoughtonSupreme Court of Vermont · 1860
- Rice v. ClarkSupreme Court of Vermont · 1836
- Knapp v. FisherSupreme Court of Vermont · 1876
- Baxter v. ThompsonSupreme Court of Vermont · 1853
3Cited by3 opinions
- Estate of Jarboe v. JarboeSupreme Court of Missouri · 1910
- Sanders v. Rochester Fire District No. 1Supreme Court of Vermont · 1898
- McConkey v. PendletonSupreme Court of Iowa · 1912