Renouil v. Harris
The Superior Court of New York City
Motion to set aside report of referees, the judgment and the judgment roll, and the execution issued thereon. " The suit was commenced in July, 1848, for an account and payment of a balance claimed by the plaintiff from the defendant as his late co-partner. The answer set up various defences, and a replication was filed, taking' issue. The cause was referred by an order of the court appointing two referees; one selected by each of the parties.
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Motion to set aside report of referees, the judgment and the judgment roll, and the execution issued thereon. " The suit was commenced in July, 1848, for an account and payment of a balance claimed by the plaintiff from the defendant as his late co-partner. The answer set up various defences, and a replication was filed, taking' issue. The cause was referred by an order of the court appointing two referees; one selected by each of the parties. The two referees thus appointed, united in choosing a third referee, hut there was no rule or order of the court, on his appointment. The referees…
1Opinion of the CourtBy the Court. Sandford, J.
The first class of objections arises upon the reference and the report. It is contended, 4. That the third referee must be appointed by a rule or order of the court, after he is named by the two referees first selected. This, we think, is not the meaning of the code. The selection of the third referee, is made exclusively by the two chosen by the parties. If those two cannot agree, he is to be •selected by drawing a name from the jury box. The court has ao agency in the matter, and no rule or order is necessary. (Code, § 229.) 2. u The cause” was referred, and it is said the order of…
2Cases cited1 opinion
- Clute v. CluteNew York Supreme Court · 1847
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