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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, c. 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. *Page 277
Document Info
Citation Numbers: 60 N.H. 276
Judges: ALLEN, J.
Filed Date: 12/5/1880
Precedential Status: Precedential
Modified Date: 1/12/2023