Tracy v. Suydam
New York Supreme Court
APPEAL from a judgment entered upon the report of referees. This was a reference under sections 39 and 40 of article 2, title 3, chapter 6, of part 2 of the revised statutes, of a disputed claim, against the estate of Carlton Legg, deceased, to three referees.
Read the full summary
APPEAL from a judgment entered upon the report of referees. This was a reference under sections 39 and 40 of article 2, title 3, chapter 6, of part 2 of the revised statutes, of a disputed claim, against the estate of Carlton Legg, deceased, to three referees. The appellants are the executors of Legg j and the respondent, claiming to he a creditor of said estate, presented an account to the appellants, as such executors, claiming a balance due him of $1058.85, verified by his affidavit, on the 15th day of March, 1855. The executors doubting the justness of the said claim, entered into an…
1Opinion of the Court
By the Court, E. Darwin Smith, J,
The referees, it seems to me, erred in several particulars on the trial and decision of this cause. In the first place, the commission, and *115the depositions annexed, were improperly received in evidence. The paper purporting to he a commission, being without seal, conferred no authority upon the commissioners, and the depositions annexed were extra-judicial. (5 Iredell, 96. 4 Dev. 95. 3 id. 279.) A commission is a writ or process issued by the special order of the court, and a seal is essential to its validity. (19 John. 212. 6 Ham. Ohio Rep. 11.) The judiciary…
2Cases cited1 opinion
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
3Cited by20 opinions
- Ford v. . WilliamsNew York Court of Appeals · 1862
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Bucklin v. ChapinNew York Supreme Court · 1868
- The People v. . TubbsNew York Court of Appeals · 1868
- Gilbert v. . ComstockNew York Court of Appeals · 1883
15 more not listed; retrieve them via the Exa API.