Litch v. Brotherson
New York Supreme Court
Appeal from an order setting aside a referee’s report, and removing the referee. This action was brought by William B. Litch against John Brotherson. The action was referred, at special term, in December, 1861, to a referee, to hear and determine the issues.
Read the full summary
Appeal from an order setting aside a referee’s report, and removing the referee. This action was brought by William B. Litch against John Brotherson. The action was referred, at special term, in December, 1861, to a referee, to hear and determine the issues. On the 10th of March, 1862, the case was heard before the referee, and submitted on that day by the parties.' On the day of submission the defendant asked permission, which was granted by the referee, to furnish the referee, within one week, with legal points; he was also, by the agreement, to furnish the plaintiff’s attorney with a copy…
1Opinion of the CourtBockes, J.
On the 19th of August, 1862, the plaintiff moved before me, at special term, for an order referring the action to Mr. Wells, as referee, to hear and determine. He moved on an affidavit, which stated that the cause had been referred to Mr. Lewis; that it was tried, and finally submitted to him on the 31st day of May, 1862, and that he had not yet decided it. It was also further stated in the moving affidavit, that the trial of the action would require the examination of a long account.
The motion was based on the amendment of section 273 of *387the Code, passed April 23, 1862, which declares that,…
2Cases cited3 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Sayre v. WisnerNew York Supreme Court · 1832
- People ex rel. Israel v. TibbetsNew York Supreme Court · 1825
3Cited by5 opinions
- In re the Estate of AmaranteNew York Surrogate's Court · 1933
- Decker v. O'BrienNew York Court of Common Pleas · 1895
- In re Estate of SutroCalifornia Superior Court · 1912
- Niles v. MaynardNew York Supreme Court · 1864
- Thiesselin v. RossettNew York Supreme Court · 1867