Shuart v. Taylor
New York Supreme Court
This was an action of trover, brought in 1847, to recover the value of a quantity of wheat. The plea was the general issue. The cause was referred by consent to H. Humphrey Esq., sole referee, before whom it was tried, and who in March 1848, reported in favor of the defendant.
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This was an action of trover, brought in 1847, to recover the value of a quantity of wheat. The plea was the general issue. The cause was referred by consent to H. Humphrey Esq., sole referee, before whom it was tried, and who in March 1848, reported in favor of the defendant. A motion was made on the part of the plaintiff, to this court, to set aside the report, the decision of which, as entered in the minutes of the clerk, was in these words: “ New trial granted, costs to abide the event.” The plaintiff noticed the cause for a second trial, before the same referee, in August 1861, and the…
1Opinion of the Court
T. R. Strong, Justice.
The effect of the decision of the court, and the rule entered thereupon, setting aside the former report of the referee, and directing a new trial, was to place the cause in the same situation, in respect to a trial, it was in before it was first tried. The order of reference was not set aside, but remained in full force; and the duties and powers of the referee were precisely the same as if he had not previously reported.. *253The objection made on the part of the defendant, to his retrying the cause, was therefore properly overruled.
In respect to all questions of fact in…
2Cases cited2 opinions
- Otis v. SillNew York Supreme Court · 1849
- Durkee v. MottNew York Supreme Court · 1850
3Cited by4 opinions
- Sword v. LowIllinois Supreme Court · 1887
- Hairgrove v. City of JacksonvilleIllinois Supreme Court · 1937
- Everett v. BuchananSupreme Court Of The Territory Of Dakota · 1880
- Devlin v. MayorNew York Court of Common Pleas · 1876