Legal Opinion

Dwight v. . St. John

New York Court of Appeals

Decided September 5, 1862PublishedCited by 59 opinions

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] If the reference ordered by the Supreme Court (on the defendant's motion to set aside the executions issued on the judgments and to order those judgments canceled) was without authority of law, then the whole decision of that matter was erroneous. But the reference was plainly within the meaning of section 271 of the Code, subdivision 3; and without the Code the court always had the right to refer to take proofs on matters upon which it desired fuller…

2Cases cited1 opinion

  1. Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816

3Cited by59 opinions

  1. Lummus Company v. Commonwealth Oil Refining Company, Inc., Lummus Company v. Honorable Archie O. DawsonCourt of Appeals for the Second Circuit · 1962
  2. Bannon v. BannonNew York Court of Appeals · 1936
  3. Riggs v. . PursellNew York Court of Appeals · 1878
  4. Williams v. . BarkleyNew York Court of Appeals · 1900
  5. Baisley v. BaisleySupreme Court of Missouri · 1893

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