Rand v. Merchants' Despatch Transportation Co.
Supreme Court of New Hampshire
Notice of review, returnable at the October term, 1880. Motion by the defendants to dismiss. The writ in the original action was dated September 20, 1877, and entered at the April term, 1878, the ad damnum being $250. At the October term, 1878, the action was referred by agreement, and at the April term, 1880, judgment was rendered on the referee’s report. The plaintiff claims the right of review.
1Opinion of the CourtAllen, J.
By the statute in force when the action was referred, it was provided that, in actions in which the parties should agree to a reference, judgment on the report of the referees should be final and conclusive. Laws of 1876, e. 35, s. 1; Laws of 1877, c. 20, s. 1. • By agreeing to a reference, the plaintiff accepted all the provisions of the statute under which the reference was made, and waived the right of review. Parker v. Burns, 57 N. H. 602; Deverson v. Railroad, 58 N. H. 129 ; Smith v. Fellows, 58 N. H. 169; Garland v. Towne, 58 N. H. 187 ; Daniels v. Lebanon, 58 N. H. 284.
Dismissed.
Doe,…
2Cases cited5 opinions
- Daniels v. LebanonSupreme Court of New Hampshire · 1878
- Deverson v. Eastern RailroadSupreme Court of New Hampshire · 1877
- Parker v. BurnsSupreme Court of New Hampshire · 1876
- Smith v. FellowsSupreme Court of New Hampshire · 1877
- Garland v. TowneSupreme Court of New Hampshire · 1877
3Cited by1 opinion
- Parsons v. HilliardSupreme Court of New Hampshire · 1881