Green v. Patchin
New York Supreme Court
The declaration in this case isin trespass, assault,battery and false imprisonment. In October term,1826,the defendant put in a plea of not guilty.
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The declaration in this case isin trespass, assault,battery and false imprisonment. In October term,1826,the defendant put in a plea of not guilty. The cause was then continued by vice comes non misit breve until October term, 1827, when is entered on the record a stipulation bearing date 15th September,1827,by which the parties agree to refer the matters in issue to three persons,(who are named,) to report thereon to this court with all convenient speed,and that either party have a right to make a case on the usual term. Itis also suggested on the record,that on the filing of such…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question discussed by the counsel is, whether the reference operated as a discontinuance of the suit ? and to that I shall confine my remarks. That a bare submission to arbitrators is a discontinuance is not disputed, but it is contended that the stipulation provides for the continuance of the cause in court. A reference to some of the cases determined in this court will enable us to decide the qfiestion correctly. In Miller v. Vaughan,1 Johns. R. 315, the cause had been referred by consent, without any rule of court. The court said they would not listen to…
2Cases cited1 opinion
- Rathbone v. LownsburyNew York Supreme Court · 1829
3Cited by19 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Heckers v. FowlerSupreme Court of the United States · 1865
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Bank of Monroe v. WidnerNew York Court of Chancery · 1845
- Silmser v. RedfieldNew York Supreme Court · 1837
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