Bissell v. Pearse
New York Supreme Court
Appeal from a judgment entered in favor of the defendant against the plaintiff on the report of Ward Hunt, Esq., referee, before whom the cause was tried.
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Appeal from a judgment entered in favor of the defendant against the plaintiff on the report of Ward Hunt, Esq., referee, before whom the cause was tried. The pleadings in the case consist of a complaint and answer, and are as follows: The plaintiff complains of the defendant, and alleges the following facts, constituting his cause of action: That on the 25th day of January, 1859, he was lawfully in the possession of a certain gray horse, about ten years old, his own property, of the value of two hundred dollars, which property on that day he left in the possession of the defendant, to be…
1Opinion of the Court
Morgan, Justice.
I think we cannot consider the special findings of the referee, contained in the judgment roll as part of the case, but must confine ourselves to what is contained in the case as afterwards settled by the referee. (Johnson agt. Whitlock, 3 Kernan, 344.) In Smith agt. Grant, (15 N. Y. R.,) the court of appeals, although disapproving the practice, allowed such a statement to stand, because the case as settled referred to it as “ annexed,” and thereby made it a part of the case.
There is no such reference here, and we must disregard the statement of facts and conclusions of law…
2Cases cited1 opinion
- Fox v. McGregorNew York Supreme Court · 1851
3Cited by1 opinion
- Merritt v. GouleyNew York Supreme Court · 1890