Ramsay v. Bachelder
Superior Court of New Hampshire
Assumpsit. The case was referred to an auditor, from whose report it appeared that two items in the plaintiff’s account had been charged in his book to Nathan Bach-elder. The plaintiff’s counsel offered to show, by the examination of the plaintiff himself, that the person whom he intended to charge was the defendant, Nathan Bach-elder.
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Assumpsit. The case was referred to an auditor, from whose report it appeared that two items in the plaintiff’s account had been charged in his book to Nathan Bach-elder. The plaintiff’s counsel offered to show, by the examination of the plaintiff himself, that the person whom he intended to charge was the defendant, Nathan Bach-elder. The evidence was objected to by the defendant, but the auditor admitted it as a matter of legal right, and because he did not suppose himself clothed with any discretion with respect to its admission, or that he could legally reject it. The plaintiff also…
1Opinion of the CourtWoods, J.
An auditor has the power, in his discretion, to examine either of the parties before him, and the custom has been for him to do this at the instance of the party seeking to establish his own case by means of such examination. But this discretion of the auditor is subject Lo the supervision of the court, and an undue exercise of it would be an occasion for setting aside or re-committing *136the.report. Lovering v. Lovering, 13 N. H. Rep. 521; Mann v. Locke, 11 N. H. Rep. 248.
Where the examination of one of the parties would be attended with probable injustice; as where, owing to the death of one…
2Cases cited3 opinions
- Mann v. LockeSuperior Court of New Hampshire · 1840
- Fuller v. LittleSuperior Court of New Hampshire · 1835
- George v. GreenSuperior Court of New Hampshire · 1843