Andrews v. Wheaton
Supreme Court of Connecticut
This was an action of assumpsit, brought to the county court, for Litchfield county, and thence appealed to the superior court. The declaration embraced a count upon a promissory note, and the common counts. Before any bill of particulars had'been filed by the defendant, an auditor was appointed in said cause, by consent of the parties, who, after a hearing, made his report to said court, at the term, holden in February, 1854, substantially as follows.
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This was an action of assumpsit, brought to the county court, for Litchfield county, and thence appealed to the superior court. The declaration embraced a count upon a promissory note, and the common counts. Before any bill of particulars had'been filed by the defendant, an auditor was appointed in said cause, by consent of the parties, who, after a hearing, made his report to said court, at the term, holden in February, 1854, substantially as follows. On the 12th day of February, 1849, the plaintiff "executed a lease of land, situated in Cornwall, to one John S. "Williams. In the month of…
1Opinion of the CourtEllsworth, J.
The objection, that this case was improperly sent to an auditor, cannot, we think, be sustained. The claim is, that the parties, by an agreement of their own, created a tribunal to try their cause, which the law does not recognize, and whose proceedings cannot lay the foundation for any judgment of the court.
The principle, supposed to be involved in this objection, is undoubtedly correct, and in its general application, of unquestionable importance. For no one pretends, that parties, of themselves, can create courts of justice, or judges, *116or other tribunals, or clothe them with legislative…
2Cited by11 opinions
- Samson v. BerginSupreme Court of Connecticut · 1951
- State v. JacksonSupreme Court of Kansas · 1882
- Avery v. BrownSupreme Court of Connecticut · 1863
- Zonker v. CowanIndiana Supreme Court · 1882
- Judson v. United StatesCourt of Appeals for the Second Circuit · 1903
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