Ross v. Mayor of New York

This is an action to recover damages for the destruction of property by rioters, in July, 1863, The trial of the action will require the examination of a large number of items of property injured or destroyed, the value of which constitutes the damages the plaintiff seeks to recover; and it is claimed that such a large number of items constitutes an account, and renders the action, therefore, a referable one.

The language of the Code of Procedure and of the Revised Statutes, in"respect to the rcferability of actions is -the same; and a compulsory reference can be ordered only where the trial…