Flagg v. Munger
New York Supreme Court
In Equity. Motion for an order appointing Samuel P. Lyman, Esq. or some other suitable person in the city of New-York, a referee to take the testimony of Thaddeus Spencer and Jared Stebbins, and any other witnesses that may be offered in the suit, &c.
Read the full summary
In Equity. Motion for an order appointing Samuel P. Lyman, Esq. or some other suitable person in the city of New-York, a referee to take the testimony of Thaddeus Spencer and Jared Stebbins, and any other witnesses that may be offered in the suit, &c. The affidavit upon which the motion was founded showed that the cause was at issue upon the answers of several of the defendants and replications filed thereto, and that by an order of the court it was to be tried in Monroe county. That by a stipulation between the parties, testimony on the part of several of the defendants had been taken before…
1Opinion of the CourtWelles, J.
The motion is founded exclusively upon the 3d subdivision of the 4th section of the supplement to the new code of procedure. (Laws of 1848, p. 567.) The 3d section provides for references of suits in equity, and' references to take testimony, or to report facts, or to execute any order or decree upon the written consent of the parties concerned. The 4th section provides that “ where the parties do not consent as in the last section mentioned, the court may, upon the application of either, or of its own motion, direct a reference in such suit in the following cases: 1. Where the determination…
2Cited by18 opinions
- Toulson v. BeyerCourt of Appeals for the Third Circuit · 1993
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
- Mitsubishi Motor Sales of Caribbean, Inc. v. OrtizDistrict Court, D. Puerto Rico · 2009
- Valladolid v. City Of National CityCourt of Appeals for the Ninth Circuit · 1992
- Sawyer's Lessee v. Shannon and BolingU.S. Circuit Court for the District of Tennessee · 1809
13 more not listed; retrieve them via the Exa API.