Schermerhorn v. Wood
New York Court of Common Pleas
Appeal by plaintiff from an order of this court made at special term, referring the action to a referee to hear and determine'the issues.
1Opinion of the Court
By the Court.*—Joseph F. Daly, J.
—It seems clear that the order' of reference made by the learned judge at special term, on December 14th, 1870, cannot be sustained unless this was a referable case, independent of any previous order of reference made on consent or otherwise. The motion for a reference, which was determined by the order now appealed from, was made by the defendant upon the pleadings and bill of particulars in the action, and upon an affidavit setting forth that the trial of the action would involve the'examination of a long aceoiint, that the plaintiff’s claim consists of over…
2Cases cited2 opinions
- Townsend v. HendricksNew York Court of Appeals · 1870
- Keeler v. Poughkeepsie & Salt Point Plank Road Co.New York Supreme Court · 1854
3Cited by3 opinions
- Briggs v. HilesWisconsin Supreme Court · 1891
- Kingsley v. City of BrooklynNew York City Court · 1876
- United States Rolling Stock Co. v. JohnstonWisconsin Supreme Court · 1886