Patterson v. Graves
New York Supreme Court
Before Marvin, P. J., Mullett and Bowen, Justices. Appeal by defendant from an order of the special term, denying a motion made by the defendant to set aside the referee’s report tor irregularity, or that the referee amend his report.
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Before Marvin, P. J., Mullett and Bowen, Justices. Appeal by defendant from an order of the special term, denying a motion made by the defendant to set aside the referee’s report tor irregularity, or that the referee amend his report. The irregularity complained of is, that the report does not set forth “ the material facts found upon the issues passed upon by the referee, or what issues he did pass upon, or what facts he did find, on the evidence taken, on the issues he did pass upon.” The facts are sufficiently stated in the opinion.
1Opinion of the Court
Bowen, Justice.
By the court
The pleadings in the causé were not furnished to the court on the argument of the motion, and the only information we have, of what the issues were on which the action was tried by the referee, is contained in the affidavit on which the motion was made. From this affidavit it appears that the plaintiff’s demand was for the rent of certain lands described in the complaint, accruing from May 28, 1849, to July, 1850, at f>40 per annum—the plaintiff suing as the assignee of S. G. Havens, the landlord. That the answer denied the allegations of the complaint, and set up…
2Cited by2 opinions
- Jenkins v. EsterlyWisconsin Supreme Court · 1869
- Raabe v. SquierNew York Court of Common Pleas · 1893