Mathews v. Jones
New York Court of Common Pleas
This was an appeal by the plaintiff from an order entered at special term, denying a motion to set aside the report of a referee. The facts are stated in the opinion.
1Opinion of the CourtBy the Court. Woodruff, J.
The defendant herein noticed the cause for trial before the referee. The plaintiff not attending at the time and place appointed by the referee for the trial, and designated in the defendant’s notice, the referee made his report of that fact, and that the defendant attended, made due proof of the service of such notice of trial, and produced to him the pleadings, which being considered by him, it appeared that the proof of the issue devolved on the plaintiff, and he therefore “found for the defendant, and that the complaint ought to be dismissed and the defendant have judgment, with costs, or…
2Cases cited1 opinion
- Holmes v. SlocumNew York Supreme Court · 1851