Bissell v. Lee
New York Supreme Court
THE above causes were put at issue on the 12 th Novemher, 1816. On affidavit, that the trial of them would require the examination of long accounts, and on the motion of the defendant for that purpose, they were ordered, in May term, to be referred to three referees.
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THE above causes were put at issue on the 12 th Novemher, 1816. On affidavit, that the trial of them would require the examination of long accounts, and on the motion of the defendant for that purpose, they were ordered, in May term, to be referred to three referees. Griffin, for the defendant, now moved, that the plaintiff proceed to a hearing before the referees, within twenty days, or that a judgment, as in case of nonsuit, be entered, He read an affidavit, stating, that since the rule for a reference was entered in the causes, the plaintiff had not given any notice of bringing the causes…
1Per curiam
Let the following rule be entered:
<c It appearing to the Court that these causes were refer-11 ° *46red to three referees, pursuant to the statute, upon a special appücati0n to the Court, in May term, 1817, and that the plaintiffhath ever since neglected to notice the same for a hearing, or in any manner to proceed therein ; on motion, &c., on behalf of the defendant; It is ordered, that unless the plaintiff notice the said causes for a hearing, within twenty days after service of this rule, or discontinue upon the usual terms, that then the defendant have leave to notice the same for a hearing;…
2Cited by1 opinion
- Spaulding v. . HallenbeckNew York Court of Appeals · 1866