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Garland v. Towne

Garland v. Towne.

Garland v. Towne, 58 N.H. 187 (1877)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
August 5, 1877
Judges
Allen, Stanley, Bingham, Clark
Citations
58 N.H. 187
Disposition
Verdict for the plaintiff : motion of the defendant for a new trial.
Headnotes
The constitutional objection to the use of a referee’s report as evidence in a jury trial, under the referee law of 1874, c. 97, s. 13, was waived, when the referee was appointed by consent of the parties.
Summary
Case, reported in 55 N. H. 55. The cause was committed to a referee, with the consent of the parties, under the referee law of 1874, c. 97, s. 18. At a subsequent jury trial, the defendant excepted to the admission of the referee’s report in evidence.

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

Opinion of the Court — Allen

Allen, J.

The defendant, by assenting to the reference, waived the exception now taken.

Deverson v. Eastern Railroad, ante, p. 129;

Smith v. Fellows, ante, p. 169.

Judgment on the verdict.

Stanley, Bingham, and Clark, JJ., did not sit.

How later courts describe this case

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

1880–1881: 118802026peak 1880 · 1

Relies on it most ⓘ

  1. Rand v. Merchants' Despatch Transportation Co.60 N.H. 276 (1880)

Most recent

  1. Rand v. Merchants' Despatch Transportation Co.60 N.H. 276 (1880)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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