Smith v. Kimball

Decided September 15, 1817

Superior Court of New Hampshire · decided 1817-09-15

REPORT of referees, on a rule made before a justice of the peace. . Smith brought an action of the case against Kimball, in this county, and at the September term of this court, 1816, recovered judgment. On the 3d of December, 1816, Kimball sued out a writ of review, which was served upon Smith on the 4th of January, 1S17.

Cited by 1 later decisions — most recently May 1804

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1817-09-15

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¶1The case having been continued for advisement,

¶2The court now said that the report could not be accepted, the rule not having been made in pursuance of the statute. The objection taken by Smith’s counsel is fatal. The writ of review cannot be considered as a particular statement under Smith’s hand, within the meaning of the statute.

¶3The safest rule in cases of this kind will be, to hold the parties to a strict compliance with the provisions of the statute. If we depart from this rule it will give rise to innumerable questions, which must depend for their decision *73much more upon the discretion of the court, than upon any settled rules of law. Jones vs. Hacker, 5 Mass. Rep. 264. —Mansfield vs. Doughty, 3 Mass. Rep. 398, — and Bullard vs. Coolidge, 3 Mass. Rep. 324.

¶4Report rejected,-.