Perkins v. Scott
Supreme Court of New Hampshire
From Grafton Circuit Court. Assumpsit. Plea, the general issue with a set-off. The action was referred to an auditor, who heard the parties and made a report in favor of the plaintiff. Upon the return of the report, the defendant moved to set the same aside for the reasons stated in certain affidavits. The court denied the motion, and the defendant excepted. The defendant then elected a trial by jury.
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From Grafton Circuit Court. Assumpsit. Plea, the general issue with a set-off. The action was referred to an auditor, who heard the parties and made a report in favor of the plaintiff. Upon the return of the report, the defendant moved to set the same aside for the reasons stated in certain affidavits. The court denied the motion, and the defendant excepted. The defendant then elected a trial by jury. Upon the trial, the plaintiff offered the report in evidence, and the defendant objected ; but the court admitted it, and the defendant excepted. For the purpose of determining the questions…
1Opinion of the Court
FROM GRAFTON CIRCUIT COURT. I do not think this report ought to be set aside. The affidavits taken together do not satisfy me that any objection as to interest or bias is made out which ought to furnish reason to the party for recusing the auditor. Neither do I think that the report ought to be set aside on the ground that the auditor law, so called, is unconstitutional. I understand the objection to be, that that part of the statute which makes the report of the auditor evidence to be used before the jury is in violation of the party's constitutional right to a trial by jury. This provision…
2Cited by4 opinions
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