Dorlon v. Lewis
New York Supreme Court
Motion to set aside report of referee and subsequent proceedings for irregularity. The action was brought to recover certain bills of costs, alleged to have been due from the defendant to the plaintiff, as the assignee thereof.
Read the full summary
Motion to set aside report of referee and subsequent proceedings for irregularity. The action was brought to recover certain bills of costs, alleged to have been due from the defendant to the plaintiff, as the assignee thereof. Judgment having - been perfected in the action, by default, an order was made, in September, 1849, upon the application of the defendant, so far opening the judgment as to allow the defendant to put in an answer setting up the payment of $50 by the defendant to the assignor, on the 5th of June, 1849, in settlement of the suit. In pursuance of this order, an answer was…
1Opinion of the Court
Harris, Justice.
A referee takes the place of a jury as well as of the court.' His decision upon questions of fact, like that of a jury, is, as a general rule, conclusive. Whenever there is any, even the slightest reason to suspect that the verdict of a jury has been affected by any influence exercised by the sue*4cessful party, it is set aside. Courts have always guarded with the most jealous watchfulness the right of litigants to have the unbiased judgment of the jury upon the evidence openly produced before them. Whenever it has been seen that, by any means or influence beyond what has…
2Cited by7 opinions
- Fitchburg Steam Engine Co. v. PotterIllinois Supreme Court · 1904
- In re the Arbitration between Knickerbocker Textile Corp. & Sheila-Lynn, Inc.New York Supreme Court · 1939
- Fortunato v. MayorAppellate Division of the Supreme Court of the State of New York · 1898
- Goldberger v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1893
- Klein v. Continental InsuranceNew York Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.