Morss v. Morss
New York Supreme Court
This was a motion to set aside a report of referees, on the ground that on the trial, one of the referees was sworn and examined as a witness by one of the parties, the other party objecting.
1Opinion of the Court
By the Court,
Parker, J.
On the trial of this cause before the referees appointed by this court, the plaintiff’s counsel called as a witness, Mr. F. A. Fenn, one of the referees. He was objected to on the part of the defendant, on the ground that being a referee, he was incompetent as" a witness. The objection was overruled, and the witness sworn and examined.
Inasmuch as no adjudged case can be found determining the question, it is important that we examine and decide whether, on a reference before three referees, one of them is a competent witness.
Referees act in the place both of judge and…
2Cases cited1 opinion
- Perry v. WeymanNew York Supreme Court · 1806
3Cited by9 opinions
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
- Dabney v. MitchellSupreme Court of Alabama · 1880
- Estes v. BridgforthSupreme Court of Alabama · 1896
- People ex rel. Commissioners of Public Charities & Correction v. DandoNew York Court of Common Pleas · 1886
- People v. Hartnett, New York County Courts1925
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