Ex parte Bassett
New York Supreme Court
C. F. Ingalls moved for a mandamus to the Judges of the Court of Common Pleas of Washington county, commanding them to vacate a rule made by them setting aside a report of referees in a cause before them in which Bassett was plaintiff and M. H. & A. S. White were defendants, and that they affirm the report which was in favor of Basset; and one point made was, that the Common Pleas in setting aside the report proceeded upon the ground that the principal witness sworn before…
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C. F. Ingalls moved for a mandamus to the Judges of the Court of Common Pleas of Washington county, commanding them to vacate a rule made by them setting aside a report of referees in a cause before them in which Bassett was plaintiff and M. H. & A. S. White were defendants, and that they affirm the report which was in favor of Basset; and one point made was, that the Common Pleas in setting aside the report proceeded upon the ground that the principal witness sworn before the referees in behalf of the plaintiff, and on whom they principally relied, was not a credible witness. There was…
1Opinion of the Court
Curia, per Woodworth, J.
On looking into the papers upon which the Court below proceeded, we are satisfied they erred. We think that the circumstances relied upon to impeach the witness before the referees were not so strong as to call for the interference of the Court in setting aside the report. But it is equally clear that, whether the report should be set aside or not, was a question of discretion, the extent of which we cannot limit by the standard of our own opinion. It was a question upon the weight of evidence; and Courts will exercise a sound discretion on this head, in controlling…
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