Rand v. Merchants' Despatch Transportation Co.
Headnotes
Summary
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Opinion of the Court
Allen, J.
By the statute in force when the action was referred, it was provided that, in actions in which the parties should agree to a reference, judgment on the report of the referees should be final and conclusive. Laws of 1876, e.
35, s. 1; Laws of 1877, c.
20, s.
1. • By agreeing to a reference, the plaintiff accepted all the provisions of the statute under which the reference was made, and waived the right of review.
Parker v. Burns, 57 N. H. 602;
Deverson v. Railroad, 58 N. H. 129 ;
Smith v. Fellows, 58 N. H. 169;
Garland v. Towne, 58 N. H. 187 ;
Daniels v. Lebanon, 58 N. H. 284.
Dismissed.
Doe, C. J., did not sit: the others concurred.
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