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The specifications show that several matters of account are included in the action. If they are so numerous and complicated that they cannot be intelligently investigated and adjusted in a jury trial, the parties are not entitled to such a trial, and the case may be referred without their consent. Sargent v. Putnam,
58 N.H. 182 ; Davis v. Dyer,62 N.H. 231 . Whether they are so is a question of fact that was decided in the affirmative at the trial term. The order of reference necessarily involved a decision of this question. It is not subject to review here. Dole v. Pike,64 N.H. 22 .Case discharged.
CARPENTER, J., did not sit: the others concurred. *Page 489
Document Info
Citation Numbers: 32 A. 762, 67 N.H. 488
Judges: CHASE, J.
Filed Date: 6/5/1893
Precedential Status: Precedential
Modified Date: 1/12/2023