Rogers v. Beard
New York Supreme Court
The facts, &c., in this case will be found fully reported ante page 98. It seems that the following opinion (which from a hasty glance, was supposed to be in another suit between the same parties,) should have taken the place of the one there published as the opinion of the general term, the latter probably being sent by mistake, as it appears to be the original draft, from which the following was written out.
1Opinion of the Court
By the court, E. Darwin Smith, Justice.
In looking into this case with considerable care, with the view to decide it upon the merits, if it could be done without injustice to either party, I have come to the reluctant conclusion that no decision can properly be made upon it in its present *283shape. It contains the evidence given before the referee, and his report, and a memorandum in the shape of an opinion, and exceptions filed after the report, without the proper findings upon the facts or the law. Section 272 of the Code directs that referees “ must state the facts and the conclusions of law…
2Cases cited1 opinion
- Stanley v. WebbNew York Supreme Court · 1855
3Cited by3 opinions
- Murphy v. BennettCalifornia Supreme Court · 1886
- Weyman v. National Broadway BankThe Superior Court of New York City · 1880
- Kley v. HealyNew York Court of Common Pleas · 1894