Dederick's Administrators v. Richley
New York Supreme Court
Motion by defendant to set aside a judgment entered upon a report of referees in an action of trover. The action was brought for a number of promissory notes. Plea not guilty.
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Motion by defendant to set aside a judgment entered upon a report of referees in an action of trover. The action was brought for a number of promissory notes. Plea not guilty. After issue joined, the attorneys for the parties entered into a written stipulation as follows: “ This cause being one which upon the trial thereof will involve the examination of long accounts, therefore it is stipulated and agreed by and between the attorneys for the respective parties as follows, that is to say ; this cause shall be referred to three persons residing in or out of the county of Ulster, [the county…
1Opinion of the Court
*110 By the Court;
Bronson, J.
This and other courts of j , - , t • record may order a reference, whenever a cause pending in it shall be at issue, and it shall appear that the trial of the same will require the examination of a long account on either side. 2 R. S. 384, § 39. The same provision, in substance, was first enacted in 1788, and has been in force ever since. 2 Greenl. 103, § 2; 1 R. L. 1801, p. 347, § 2; and 1 R. L. of 1813, p. 516, § 2. None of these statutes say any thing about the form of the action, but in all of them the language is broad enough to include actions for torts as well…
2Cases cited2 opinions
- Green v. PatchinNew York Supreme Court · 1835
- Bloore v. PotterNew York Supreme Court · 1833
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- Townsend v. HendricksNew York Court of Appeals · 1870
- People v. . WoodNew York Court of Appeals · 1890
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