United States v. Rathbone
U.S. Circuit Court for the District of Southern New York
[Error to the district court of the United States for the Southern district of New York.] [This was an action by the United States against William P. Rathbone.]
1Opinion of the Court
THOMPSON, Circuit Justice.
The general question presented by the record sent up from the district court is, whether that court had authority to order the cause to be referred to referees. It has been urged, however, on the part of the defendants in error, that this general question does not necessarily arise in this case, for that by the record it appears that the reference was by consent of parties, and not the act of the court. If such be the fair construction of this .record, the judgment ought not certainly to be reversed. For, admitting the court had no authority to order the cause…
2Cases cited5 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Lee v. TillotsonNew York Supreme Court · 1840
- Tmomas v. ReabNew York Supreme Court · 1830
- Silmser v. RedfieldNew York Supreme Court · 1837
- Samble v. Mechanics' Fire InsuranceThe Superior Court of New York City · 1829
3Cited by18 opinions
- Ex Parte PetersonSupreme Court of the United States · 1920
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Kearney v. CaseSupreme Court of the United States · 1871
- Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
- Watkins v. Siler Logging Co.Washington Supreme Court · 1941
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