Niles v. Maynard
New York Supreme Court
This is an appeal from an order made at special term on the 22d of April, 1863, upon a motion made on the part of the defendant to set aside the report of the referee' therein, and any judgment that may have been entered thereon, and that said action might proceed to trial as though no reference had been ordered therein, on the ground that the referee did not make and deliver his report within sixty days from the time said action was finally submitted to him.
1Opinion of the CourtPoster, J.
The facts established on the hearing were as follows: By a rule entered on the 6th of February, 1862, the cause was referred to Nathan F. Graves, as sole referee,, to hear and determine the same. It was noticed for trial before the referee for the 15th of May, 1862, and was tried and finally submitted to him on- the 21st day of May, 1862. Soon after the expiration of sixty days therefrom, the attorney for the defendant inquired of the referee if he had made his decision or report ? and the referee *391answered that he had not, and the defendant’s attorney informed him that his powers as referee…
2Cases cited3 opinions
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
- Litch v. BrothersonNew York Supreme Court · 1862
- Livingston v. GidneyNew York Supreme Court · 1863