Ayrault v. Sackett

Johnson, Justice.

In Cleaveland agt. Hunter (1 Wend. 104), after the parties had submitted their cause and the referees had retired, they called the parties before them, and informed them that they were desirous to hear further testimony on a question on which they were in doubt, and proposed to adjourn to a future day for that purpose. The plaintiff’s counsel objected, but the referees adjourned to another day, and gave the plaintiff’s attorney notice that they would proceed on such adjourned day, and hear further proof. On motion on behalf of the plaintiff, to compel the referees to report…