Thiesselin v. Rossett
New York Supreme Court
Appeal from, an order denying a motion to set aside the report of a referee. This action was brought by John P. Theissetin against John D. D. Bossett; and was referred to a referee for trial.
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Appeal from, an order denying a motion to set aside the report of a referee. This action was brought by John P. Theissetin against John D. D. Bossett; and was referred to a referee for trial. The referee being unable to make his report within sixty days, as prescribed by the Code, obtained from defendant’s attorneys a consent extending the time within which to report, until the 4th day of July, 1863, and subsequently another further extension until December, 1863. He failed to make his report within the time granted by the extension and the defendant and his attorney refused to grant any…
1Opinion of the Court
By the Court—Brady, J.
In addition to what was said by Judge Cabdozo', at Special Term, when the order was made to which this' appeal relates,, it may be said that if the referee were not granted his “ own time ” t© make and deliver his report, the defendant took no step indicating an intention to disaffirm the right of the referee to make and deliver his report, after the expiration of the period to which the- defendant admits the time to have been extended. _ The refusal to enlarge the time on application is not such an affirmative act. The party intending to render the reference useless…
2Cases cited1 opinion
- Litch v. BrothersonNew York Supreme Court · 1862