Yates v. Russell
Court for the Trial of Impeachments and Correction of Errors
IN ERROR to the Supreme Court. The action in the court below was brought by the defendant in error, against the plaintiff in error, for criminal conversation with the defendant's wife. The declaration was in the usual form, to which the defendant pleaded not guilty.
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IN ERROR to the Supreme Court. The action in the court below was brought by the defendant in error, against the plaintiff in error, for criminal conversation with the defendant's wife. The declaration was in the usual form, to which the defendant pleaded not guilty. A venire was awarded to try issue joined between the parties at the Albany circuit, in August last; but before the time of trial, the parties, by an agreement in writing, mutually consented to refer the cause to three persons, named by them, as referees, who, or any two of them, should report, with all convenient speed, so that…
1Opinion of the Court
The Chancellor.
The action in the Supreme Court was brought for criminal conversation with the plaintiffs wife, and after issue joined, and a venire awarded, the parties, by their attorneys, agreed in writing, that a rule be entered, by consent, to refer the cause to three persons named, who. or any two of them, were to report with all convenient speed. “ so that judgment might be entered thereon at the then next term.” The rule was accordingly entered, and two of the referees, after having heard the proofs and allegations of the parties, reported a sum in favor of the plaintiff, and judgment…
2Cited by21 opinions
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- Bank of Monroe v. WidnerNew York Court of Chancery · 1845
- Merritt v. . ThompsonNew York Court of Appeals · 1863
- Keeler v. Frost & WordenNew York Supreme Court · 1856
- Callanan v. Port Huron & Northwestern Railway Co.Michigan Supreme Court · 1886
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