Duckworth v. Diggles

C. Allen, J. Although the course taken by the referee appears to have been irregular, the evidence was sufficient to warrant the finding of the presiding judge, that the defendant had waived any objections thereto, by going on with the hearing after knowledge thereof; and, upon that finding, the case falls within the principle of Fox v. Hazelton, 10 Pick. 275, and Kent v. Charlestown, 2 Gray, 281. Exceptions overruled.