Garland v. Towne
Garland v. Towne.
Garland v. Towne, 58 N.H. 187 (1877)
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, 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.
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