Terry v. Hunter
New York Supreme Court
At the last Eensselaer circuit, held by Mr. Justice Watson, an order was made, on motion of the Plaintiff’s counsel, referring this cause, for hearing, to referees, on the ground that the trial required the examination of a long account. On that motion, affidavits were read on both sides. The Defendant now moves to vacate the order for reference so made by Justice Watson, claiming that the affidavits did not show a proper case for reference.
1Opinion of the Court
By the Court, Parker, Justice.
The authority to refer causes is conferred on all courts of rocord by the 40th sec. 2 E. S. 305.
By the 42d sec. 2 E. S. 305, a judge holding the circuit may, by rule, order a cause to be referred with the like effect as if made by the Supreme Court.
notwithstanding the power to refer causes was thus concurrently given to the Supreme and Circuit Courts, the late-Supreme Court entertained motions to vacate rules so made at the circuit. Such was the case in Thomas vs. Reaby, 6 Wendell, 503 ; Levy vs. Brooklyn Fire Insurance Company, 25 Wend. 687 ; and Van Rensselaer…
2Cases cited2 opinions
- Tmomas v. ReabNew York Supreme Court · 1830
- Levy v. Brooklyn Fire InsuranceNew York Supreme Court · 1841