Low v. Independent Christian Society

Low & A. v. Independent Christian Society

Low v. Indep. Christian Soc'y, 32 A. 762 (N.H. 1893)

Court: Supreme Court of New Hampshire · State Highest Courts
Decided: June 5, 1893
Judges: Chase, Carpenter
Citations: 32 A. 76267 N.H. 488

Cited by 0

Headnotes

In an action of assumpsit which involves matters of account too numerous and complicated to be intelligently investigated and adjusted by a jury, the parties have no constitutional right to a jury trial. The propriety of a reference on this ground is a question of fact for the trial term.

Summary

Assumpsit, on a contract for the building of a church. The plaintiffs’ specification contained seven items, of which one was fpr a balance of $1,761.15 due on the contract. The plea was the general issue, with a brief statement alleging part payment, and specifying twenty-five items of recoupment, amounting to $1,174. The court referred the action, and the plaintiffs excepted.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Chase

Chase, J.

The specifications show that several matters of account are included in the action. If they are so numerous and complicated that they cannot be intelligently investigated and adjusted in a jury trial, the parties are not entitled to such a trial, and the case may be referred without their consent.

Sargent v. Putnam, 58 N. H. 182;

Davis v. Dyer, 62 N. H. 231. Whether they are so is a question of fact that was decided in the affirmative at the trial term. The order of reference necessarily involved a decision of this question. It is not subject to review here.

Dole v. Pike, 64 N. H. 22.

Case discharged.

Carpenter, J., did not sit: the others concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 3

Depth	Case	Cited by
	Davis v. Dyer, 62 N.H. 231 (1882)	5
	Dole v. Pike, 3 A. 743 (N.H. 1885)	2
	Sargent v. Putnam, 58 N.H. 182 (1877)	1

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