Rand v. Merchants' Despatch Transportation Co.

60 N.H. 276

• Court: Supreme Court of New Hampshire
• Decided: December 5, 1880
• Status: Published

Opinion

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.