King v. Hopkins
Supreme Court of New Hampshire
From Hillsborough Circuit Court. Case, for flowing the plaintiff’s land. Verdict for the defendant. The case was referred by order of the court, at a previous term, to a referee, under the statute of 1874, whose report, in the defendant’s favor, was offered in evidence by the defendant, and admitted against the plaintiff’s objection.
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From Hillsborough Circuit Court. Case, for flowing the plaintiff’s land. Verdict for the defendant. The case was referred by order of the court, at a previous term, to a referee, under the statute of 1874, whose report, in the defendant’s favor, was offered in evidence by the defendant, and admitted against the plaintiff’s objection. The plaintiff excepted to the ruling admitting the same, upon the ground that said statute making such report evidence for the jury is in that respect unconstitutional. The plaintiff moved to set aside the verdict, and for a new trial for supposed error in the…
1Opinion of the Court
FROM HILLSBOROUGH CIRCUIT COURT. The plaintiff excepted to the ruling of the court permitting the report of the referee to be introduced in evidence, upon the ground that "the statute of 1874, making the report of the referee evidence, is in contradiction of Art. 20 of the Bill of Rights, giving parties a `right of trial by jury, except in cases in which it has been heretofore otherwise used and practised,' and providing that that `method of procedure shall he held sacred.'"
It is not questioned that causes of the kind now before as were tried in New Hampshire no otherwise than by jury, before…
2Cases cited8 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Bronson v. KinzieSupreme Court of the United States · 1843
- Copp v. HennikerSupreme Court of New Hampshire · 1875
- Pierce v. StateSuperior Court of New Hampshire · 1843
- Rich v. FlandersSupreme Court of New Hampshire · 1859
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3Cited by3 opinions
- In re Southern New Hampshire Medical CenterSupreme Court of New Hampshire · 2012
- Shumate v. MitchellSupreme Court of Virginia · 2018
- Canaan v. Enfield Village Fire DistrictSupreme Court of New Hampshire · 1908