Westcott v. . Thompson
New York Court of Appeals
Appeal from the Supreme Court. The action was to recover sixty-seven beer-barrels, alleged to be wrongfully detained by the defendants on the pretence that they were the purchasers thereof. The cause was tried before a referee, who made a report for the plaintiff, the judgment on which was reversed and a new trial ordered.
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Appeal from the Supreme Court. The action was to recover sixty-seven beer-barrels, alleged to be wrongfully detained by the defendants on the pretence that they were the purchasers thereof. The cause was tried before a referee, who made a report for the plaintiff, the judgment on which was reversed and a new trial ordered. It was again tried before the same referee, when the Case upon which the judgment had been reversed was produced, and it was stipulated that the evidence, as therein contained, should stand as evidence on the new trial, with such additional evidence as the parties might…
1Opinion of the Court
In order to review in this court the final decision of a referee, a case must be made containing the facts found by the referee, and his conclusions of law thereon, and the exceptions of the party who appeals. This has been many times decided in this court, and must be regarded as settled. Johnson v.Whitlock (3 Kern., 344) contains a full statement of the law upon this subject. The law requires us to adhere to the practice thus established in conformity with the Code. Nor is the law unreasonable in this respect, while the amount of business which comes to this court is so great as it now is.…
2Cited by8 opinions
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
- Bentley v. SmithNew York Court of Appeals · 1866
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
- Taylor v. ParkerSupreme Court of Minnesota · 1871
- Clendenning v. LindnerThe Superior Court of New York City · 1895
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