Emmet v. Bowers

Bosworth, Ch. Justice.

It appears by affidavit that issue was joined in this action, April 1, 1847. It was referred to three referees the 27th of May, 1848 ; it was submitted to the referees on the 5th of December, 1850. John Marks was restored to the control of his property, June 1, 1851. He assigned all his property to Catharine Emerson, August 15th, 1853. He died on the 25th of January, 1854. This motion was noticed to be made on the 24th of May, 1862.

Two of the referees are dead, and the cause is undecided. It is a matter of course to vacate the order of reference.

The actions, as I infer…