Legal Opinion

People ex rel. Werckmeister v. Justices of the Superior Court

New York Supreme Court

Decided December 15, 1839PublishedCited by 5 opinions

Mandamus. Abraham Ackerman and another brought an action of assumpsit against the relator in the superior court of New-York, in which there was a report of referees in favor of the plaintiffs, which the court, on motion, refused to set aside, and rendered judgment for the plaintiffs. The relator sued on* a writ of error, andjhe court below settled a state of facts to be inserted in the record, with a view to the questions of law, which the relator desired to review on error.

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Mandamus. Abraham Ackerman and another brought an action of assumpsit against the relator in the superior court of New-York, in which there was a report of referees in favor of the plaintiffs, which the court, on motion, refused to set aside, and rendered judgment for the plaintiffs. The relator sued on* a writ of error, andjhe court below settled a state of facts to be inserted in the record, with a view to the questions of law, which the relator desired to review on error. He now insists that the court in settling the case, has not drawn the proper conclusions of fact from the evidence…

1Opinion of the Court

By the Court, Bronson, J.

When a motion is made to set aside a report of referees, the evidence upon which they decided is very commonly set out at large for the consideration of the court in which the action is pending. On a review of that evidence, if the case involves the necessity of reviewing it, the court first determines what conclusions of fact the referees were warranted in drawing from the evidence, and then disposes of any questions of law which may arise out of the facts thus ascertained. The court examines the evidence in such cases, upon the same principle that it examines the…

2Cases cited1 opinion

  1. Melvin v. LeaycraftNew York Supreme Court · 1837

3Cited by5 opinions

  1. McPherson v. CheadellNew York Supreme Court · 1840
  2. Shepard v. PeytonSupreme Court of Kansas · 1874
  3. White v. BurkettIndiana Supreme Court · 1889
  4. Judges of Oneida Common Pleas v. People ex rel. SavageCourt for the Trial of Impeachments and Correction of Errors · 1799
  5. Sturgis v. MerryNew York Court of Appeals · 1849

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