Keator v. Ulster & Delaware Plank Road Co.
New York Supreme Court
Motion to vacate an order made at the Ulster Circuit, referring these causes to a sole referee. The causes were noticed, and were upon the calendar for trial. They were referable only by consent of parties. It was proposed, and finally agreed to by the counsel for both parties, that they should be referred, and the referee was agreed upon.
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Motion to vacate an order made at the Ulster Circuit, referring these causes to a sole referee. The causes were noticed, and were upon the calendar for trial. They were referable only by consent of parties. It was proposed, and finally agreed to by the counsel for both parties, that they should be referred, and the referee was agreed upon. The counsel for the plaintiffs then, in the presence of the defendants’ counsel, in open court, moved* for the reference and the motion was granted. The cause was noticed for hearing on the 2d day of April, at which time one of the defendants’ attorneys…
1Opinion of the Court
Harris, Justice.
The 270th section of the Code provides that any issue, in any cause, may be referred, upon the written con*42sent of the parties. Even then, before the issue is legally referred, the reference must be ordered, and the referee appointed by the court (Code, § 273; Litchfield agt. Burwell, 6 Howard, 341). The 271st section of the Code authorizes the reference of certain specified issues, without the .consent pf parties. The case in hand is not provided for by either of these sections. There was no written consent of the parties, and it was not referable under the 271st section. It…
2Cases cited2 opinions
- Lee v. TillotsonNew York Supreme Court · 1840
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
3Cited by8 opinions
- Dolgin v. DolginNew York Court of Appeals · 1972
- Atchison & Nebraska Railroad v. WashburnNebraska Supreme Court · 1876
- Heald v. YumiskoNorth Dakota Supreme Court · 1898
- Lamaster v. Scofield & CowperthwaitNebraska Supreme Court · 1876
- Nason v. LudingtonNew York Court of Common Pleas · 1878
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