Wilson v. Allen
New York Supreme Court
This was a civil action, commenced and carried to judgment under the code of 1848. It was tried before a sole referee, in pursuance of title 8, chapter 5, of the code, and a report was made in favor of the plaintiff for $>150. According to the former division of actions, it was trover for three sets of stove patterns.
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This was a civil action, commenced and carried to judgment under the code of 1848. It was tried before a sole referee, in pursuance of title 8, chapter 5, of the code, and a report was made in favor of the plaintiff for $>150. According to the former division of actions, it was trover for three sets of stove patterns. The defendant excepted to the decision of the referee in reporting for the plaintiff, and he also desired a review upon the evidence appearing on the trial, according to section 223 of the code of procedure. He appealed from the judgment rendered on the report, by a notice dated…
1Opinion of the Court
By the Court, Willard, J.
The object of a case made by a party desiring a review upon the evidence appearing on the trial before the referee, is to enable the appellant to call in question the facts stated by the referee in his report. (Compare §§ 222 and 223.) It is analogous to the old practice of moving to set aside a report as being against the weight of evidence. If the admissions in the pleadings, and the other evidence in the cause, warrant the finding of the facts as stated by the referee in his report, it can not be set aside as against evidence. Having carefully read the pleadings…
2Cases cited2 opinions
- Mann v. PentzNew York Court of Chancery · 1845
- Wilson v. WilsonNew York Court of Chancery · 1846
3Cited by18 opinions
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
- Cooney v. CooneyNew York Supreme Court · 1873
- Gere v. DibbleNew York Supreme Court · 1858
- In Re the Directors of Christian Jensen Co.New York Court of Appeals · 1891
- Neun v. Blackstone Building & Loan Ass'nSupreme Court of Missouri · 1899
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