24 Conn. 584 | Conn. | 1856
The only ground stated in the remonstrance in this case, for setting aside the report of the auditor, is, that he was mistaken, as to the weight of the evidence, in regard to the enquiry whether the beef, in question on the trial, was unsound when the plaintiff sold it to the defendant; and the question presented is, whether the doings of auditors can be revised on that ground. We regard this as a question that has been long since decisively settled. As early as 1787 the point was directly determined in Parker v. Avery, Kirby, 353, where, on a remonstrance to a report of auditors, on the ground that they had mistaken the evidence, and decided erroneously as to the facts in question before them, it was held that their report could not be impeached for that reason, and that therefore such an enquiry should not be allowed. This decision has ever since remained unquestioned, without an attempt to have it disturbed, either by our courts, or the legislature. We therefore do not regard this as an open question. If, however, it were, we should have no doubt that it was not the intention of the legislature, in providing for the appointment of auditors, that their finding of facts should be the subject of review. They were designed as substitutes for juries; but it was provided that they should be selected, not like jurors, but by the court, by whom it was undoubtedly contemplated that they would be chosen, as they in fact usually are, with reference, not only to their peculiar qualifications to try the particular cases referred to them, but also to their situation in regard to any circumstances, which might produce an improper influence, or bias, in their minds, as to the parties, or the matter submitted to them, and which, although it might not constitute .a legal ground of challenge to a juror, might yet inspire a want of that entire confidence in them, which it is desirable that parties should feel in triers. Thus selected, there is certainly less occasion to subject their determination of facts to the revision of the court, than that of jurors ; and experience has not shown its necessity. The defendant has attempted to
The defendant’s counsel have endeavored to place this case on the ground that the auditor mistook the law, as applicable to the facts proved before him, and made such
In this opinion, the other judges, Ellsworth and Hinhan, concurred.
New trial not granted.