McPherson v. Cheadell
New York Supreme Court
Error from the Montgomery common pleas. Cheadell sued ^McPherson in 1837, in an action of assumpsit, for services rendered as a physician, and for medicines furnished from 1803 until 1836. The defendant pleaded the general issue and the statute of limitations.
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Error from the Montgomery common pleas. Cheadell sued ^McPherson in 1837, in an action of assumpsit, for services rendered as a physician, and for medicines furnished from 1803 until 1836. The defendant pleaded the general issue and the statute of limitations. The cause was heard by reference, and in the record brought up to this court there was incorporated a special report of the referees made to the court below, in which the referees certify that “ The following is a statement of the proofs and objections, &c.” They then proceed and state the names of the witnesses called by the plaintiff…
1Opinion of the Court
By the Court,
Cowen, J.
A preliminary point taken by the counsel for the defendant in error is, that we have no right to notice any of the testimony entered on the record. By the 2 R. S. 306, 2d ed. § 48, the court ordering the reference may require the referees to report their decision [ *19 ] in admitting or rejecting any witness, in allowing or disallowing *a question to or answer by a witness, and all other proceedings by the referees, with the testimony before them, and their reasons for allowing or disallowing any claim of either party. The report in question was, in these respects,…
2Cases cited4 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Timmerman v. MorrisonNew York Supreme Court · 1817
- People ex rel. Werckmeister v. Justices of the Superior CourtNew York Supreme Court · 1839
- Denning v. SmithNew York Supreme Court · 1829
3Cited by13 opinions
- Abhau v.GrassieIllinois Supreme Court · 1914
- Smith & Blood v. JoyceNew York Supreme Court · 1851
- Thompson v. SayreCourt for the Trial of Impeachments and Correction of Errors · 1845
- Williams v. PeopleAppellate Court of Illinois · 1886
- City of Chicago v. WoodAppellate Court of Illinois · 1887
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