Legal Opinion · Dissent

Fisher v. Haines

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901Published

Appeal by the defendant, Charles D. Haines, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of February, 1901, referring the issues in the action to a referee to hear and determine.

1Dissent

Hatch, J. (dissenting):

I am unable to concur in the views expressed by Mr. Justice MoLaughlin in the opinion delivered by him in this case. I am not satisfied that a consideration of the allegations of the complaint and answer, casual or otherwise, is sufficient to show that the court was justified in referring the issues thus raised. On the contrary, I am ot the opinion that such a course was not a. proper exercise of the power of the court to order a compulsory reference. The motion in this case was made by the plaintiff, and was opposed by the defendant on the ground that it did not appear…

2Cases cited4 opinions

  1. Camp v. . IngersollNew York Court of Appeals · 1881
  2. Steck v. Colorado Fuel & Iron Co.New York Court of Appeals · 1894
  3. Cassidy v. . McFarlandNew York Court of Appeals · 1893
  4. Importers & Traders' National Bank of New York v. WernerAppellate Division of the Supreme Court of the State of New York · 1900

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API