14 N.H. 427 | Superior Court of New Hampshire | 1843
The first section of chapter 189 of the Revised Statutes enacts that in certain cases the court may appoint one or more auditors “ to state the account between the parties, and make report to the court.” The fifth section provides that the report shall be given in evidence to the jury. Whether the report be of such a character that it may legally be given in evidence, is, of course, a question of law to be determined by the court.
The statutory duty of the auditor is simply to state the account between the parties, and this requires the auditor to
In the present case the auditor has reported that the plaintiff’s charges were all proved. He has stated in addition the defendant’s objections to the charges, and the plaintiff’s answers to these objections. He has in this gone beyond his duty. These matters are improperly in his report, and so long as they are in that form are improper for the consideration of the jury. What weight they had with the jury we cannot determine. Perhaps they had none, and perhaps the jury came more readily to a conclusion in favor of the plain
New trial.