Nason v. Ludington
New York Court of Common Pleas
Appeal from an order of this court made at special term denying a motion to set aside the report of a referee. The facts are stated in the opinion.
1Opinion of the CourtVan Hoesen, J.
The Revised Statutes (2 R. S. 384, sec. 44) provided, that before a referee should proceed to hear any testimony in the cause he should be sworn faithfully ■ and fully to hear and examine the cause, and to make a just and true report according to the best of his understanding. That provision of the Revised Statutes is, in substance, reenacted by sec. 1016 of the Code of Civil Procedure. It was on several occasions construed by the Supreme Court, and its meaning was generally understood by the profession. In Whalen v. The Supervisors of Albany (6 How. Pr. 278), where a motion was made to set…
2Cases cited5 opinions
- McKeon v. . SeeNew York Court of Appeals · 1873
- Hart v. SmallNew York Court of Chancery · 1834
- Keator v. Ulster & Delaware Plank Road Co.New York Supreme Court · 1851
- Ludington v. TaftNew York Supreme Court · 1851
- Whalen v. Board of Supervisors of AlbanyNew York Supreme Court · 1851
3Cited by7 opinions
- Flannery v. . SahagianNew York Court of Appeals · 1892
- Collinson v. Wier, New York County Courts1915
- Collinson v. WierNew York County Court, Lewis County · 1915
- Becker v. Becker, New York County Courts1915
- Chatfield v. HewlettNew York Surrogate's Court · 1882
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