Livingston v. Gidney
New York Supreme Court
These cases were duly referred to the Hon. William B. Weight, as a referee, to hear and determine. After numerous adjournments and some delays the briefs were finally submitted late in November, 1862. The statement of the referee (verified by the affidavit of counsel) is that ‘it was agreed by the parties, at the hearing before him, that he might decide the cases within such time as his official engagements would reasonably permit.
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These cases were duly referred to the Hon. William B. Weight, as a referee, to hear and determine. After numerous adjournments and some delays the briefs were finally submitted late in November, 1862. The statement of the referee (verified by the affidavit of counsel) is that ‘it was agreed by the parties, at the hearing before him, that he might decide the cases within such time as his official engagements would reasonably permit. The consultation term of the court of appeals and preparation for it, occupying the most of the month of December, 1862, and the regular term of the court taking…
1Opinion of the Court
Gould, Justice.
On this hearing it is claimed that the Code (§273, as amended in 1862,) in saying that a referee “ shall make and deliver his report within sixty days from the time the action shall be finally submitted, and on default thereof shall not be entitled to receive any fees, and the action shall proceed as though no reference had been ordered,” has made the action of the referee after such sixty days had expired a nullity; and that the report and judgment are void in these cases; and that the only way of proceeding in them is by trial at the circuit.
*3This hardly seems the true…
2Cited by4 opinions
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