Baxter v. Thompson
Supreme Court of Vermont
This is a motion to discharge tbe rule of reference, and .send tbe case to tbe county court, for trial in court. Tbe case bad been referred and a report made, a portion of wbicb bad béep. set aside. Tbe report and papers in tbe case were not sent to tbe reporter; and are not, perhaps, nesessary to an understanding of tbe question passed upon by tbe court.
1Opinion of the Court
By the Court.
This is a motion to discharge tbe rule of neference, and send tbe case to tbe county court, for trial in court. This is undoubtedly tbe course, where no report has been made, or where tbe report has been, wholly set aside. In such case, tbe rule of reference cannot be enlarged, by tbe order of court merely. It requires tbe renewed consent of tbe parties. This is fully decided, in Rice v. Clark, 8 Vt. 104. But in tbe same case, it is *506said by Williams Ch. J., “ when referees have complied with their authority, and made report, courts have sometimes re-committed the same for…
2Cases cited1 opinion
- Rice v. ClarkSupreme Court of Vermont · 1836
3Cited by2 opinions
- Humphreysville Copper Co. v. Vermont Copper Mining Co.Supreme Court of Vermont · 1860
- Jeffers v. HazenSupreme Court of Vermont · 1897