Rand v. Merchants' Despatch Transportation Co.

60 N.H. 276

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.