Ubsdell v. Root
New York Court of Common Pleas
Motion to dismiss an appeal from an order of reference. This action was brought by Ubsdell, Pierson and Lake, against one Root, to recover for goods sold and delivered to the wife of defendant. The account of the sales consisted of ten items. Issue was joined, and the cause regularly brought on for trial, and being called, the plaintiffs’ attorney moved for a reference, on the ground that the trial would involve the examination of a long account.
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Motion to dismiss an appeal from an order of reference. This action was brought by Ubsdell, Pierson and Lake, against one Root, to recover for goods sold and delivered to the wife of defendant. The account of the sales consisted of ten items. Issue was joined, and the cause regularly brought on for trial, and being called, the plaintiffs’ attorney moved for a reference, on the ground that the trial would involve the examination of a long account. The judge was of opinion that the cause ought to be referred; and after some discussion between the attorneys, a sole referee was* agreed upon by…
1Opinion of the Court
Ingraham, F. J.
The order of reference in this case was made on motion for that purpose. The cause is one in which a reference may be made without the consent of parties, it being an action on an account. Where such is the case, it rests in the discretion of the judge who hears the motion whether to refer it or not. In such a case the exercise of such a discretion is not the subject of review by the general term, as a
*144matter affecting the merits. We have provided for reviewing such orders, when the party aggrieved obtains the judge’s certificate that the question involved is of sufficient…
2Cited by5 opinions
- McCall v. MoschowitzNew York Court of Common Pleas · 1886
- Cassidy v. McFarlandNew York Court of Common Pleas · 1892
- Porter v. ParmlyThe Superior Court of New York City · 1875
- Stokes v. StokesNew York Supreme Court · 1895
- Thompson v. SeimerNew York Court of Common Pleas · 1870