Sutton v. Newton

After the presentation of the claim, to recover which this suit was instituted by the plaintiff, to the defendant it was ,agreed “ that an action should be brought instead of a reference with the view to a speedier trial, which was desirable for all parties, and the action was brought upon that understanding in lieu of a reference, and not because the administratrix did not offer or was not willing to refer.”

The extract just quoted from the affidavit of the counsel for the defendant contains the agreement under which this action was brought, and must be considered in disposing of the motion…