Stalbird v. Beattie
Supreme Court of New Hampshire
Appeal from the Court of Common Pleas. In the court below the action had been referred to auditors, to state the account between the parties, who had made their report to the court below. Judgment was rendered against the defendants, and they appealed to this court, and moved that the action be referred to auditors anew, on the ground that the appeal vacated the appointment and report of the auditors in the court below.
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Appeal from the Court of Common Pleas. In the court below the action had been referred to auditors, to state the account between the parties, who had made their report to the court below. Judgment was rendered against the defendants, and they appealed to this court, and moved that the action be referred to auditors anew, on the ground that the appeal vacated the appointment and report of the auditors in the court below. The court being of opinion that the appeal had no such effect, denied the motion, and the defendants excepted thereto.
1Opinion of the CourtFowleR, J.
The effect of a simple appeal from one common law court to another, under our statute, is to vacate the judgment appealed from, but leave the cause, with all its incidents, precisely as it stood before the rendition of that judgment. The pleadings and evidence remain unaffected. The cause is to be heard and tried in the appellate court, as if no judgment had been pronounced or rendered in the court below. The appeal does not avoid the report of the auditors, but the Supreme Court may proceed and give such judgment thereon as the Common Pleas would have done if a jury trial be not had. The…
2Cases cited3 opinions
- Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809
- Campbell v. HowardMassachusetts Supreme Judicial Court · 1809
- The VenusSupreme Court of the United States · 1816