Dodge v. Waterbury
New York Supreme Court
Assumpsit. The cause was referred, by consent of the parties, to two referees, yith power in them-to choose an umpire; and a rule by consent was entered to that effect; J and that the referees report, &c. They heard the cause, and reported accordingly. _ A motion was now made, in behalf of the defendant, to set aside the report for irregularity.
1Opinion of the Court
. (Juna.
„ . This was a mere arbitration. The nature of the action warranted a reference within the statute; but that is to three referees. We cannot recognize a reference to . , . two though with power to choose an umpire, as a case within our jurisdiction. It depends on the statute, which must be followed. This motion is, therefore, denied with costs. [1]
Motion denied.
Under the New York Code, the right to-try causes hy referees, has been extended to every case, whether the issue be one of law or fact. Formerly references were confined to actions of assumpsit, where the trial of the cause…
2Cases cited4 opinions
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