Copp v. Henniker
Supreme Court of New Hampshire
These two actions—John B. Copp against the town of Henniker, and Caleb B. Flanders against the town of Warner—were case for injuries caused by defects in highways. At the October term, 1874, on motion of the plaintiffs, they were ordered to be referred, by FOSTER, C. J., according to the provisions of section 18 of the act of 1874, entitled “An act to abolish the present judiciary system and establish a new one.”
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These two actions—John B. Copp against the town of Henniker, and Caleb B. Flanders against the town of Warner—were case for injuries caused by defects in highways. At the October term, 1874, on motion of the plaintiffs, they were ordered to be referred, by FOSTER, C. J., according to the provisions of section 18 of the act of 1874, entitled “An act to abolish the present judiciary system and establish a new one.” To this order the defendants excepted, on the ground that the provisions of said section are in conflict with the constitution, and void, and tendered this bill of exceptions, which…
1Opinion of the Court
Trial by jury. Referee law of 1874. I. The plaintiff claims that in an action against a town for damages caused by a defect in a highway, neither party has a constitutional right to trial by jury; that such a case is specially excepted from the general rule by the constitution when it guarantees the right "except in cases in which it has been heretofore otherwise used and practised;" and to bring his case within the constitutional exception, he relies on the sixth section of the provincial act of 1719. Province Laws, ed. 1771, pp. 154, 155.
1. But it is by no means clear that the true…
2Cases cited55 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Lincoln v. SmithSupreme Court of Vermont · 1855
- Lee v. TillotsonNew York Supreme Court · 1840
- Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869
- Plimpton v. Town of SomersetSupreme Court of Vermont · 1860
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