Reference law — Amendment.
The referee having found that another party ought to have been joined as plaintiff, and that when the writ had been so amended judgment ought to be rendered for the plaintiffs nunc pro tunc, the court permitted the amendments to be made, and rendered judgment accordingly.
FROM MERRIMACK CIRCUIT COURT.
CUSHING, C. J.
By Ch. 207, sec. 16, Gen. Stats., additional plaintiffs may be made parties to the action on such terms as the court shall order. I can see no reason why the amendment desired should not be made, and judgment rendered according to the report. The statute providing for such references, ch. 97, sec. 13, Laws of 1874, authorizes the court to render judgment on the report of the referee, which appears to be just what the court has done in this case. The exception, therefore, must be overruled.
LADD, J.
I am of the same opinion. The statute is as plain as the English language can make it; and I must say, that I think the time of the court ought not to be occupied with such frivolous questions, nor ought the state to be put to the expense of printing them in the reports.
RAND, J., C. C. I concur. The matter is too plain to be discussed.
SMITH, J., did not sit.
Exceptions overruled.