Devlin v. Mayor

Dalt, O. J. (dissenting).

I see no ground for reversing the order I have previously given in the opinion which is printed in this case — the reasons why this cause should be tried before three referees — in addition to which I may add that this is an action against the corporation of the city, for. the receiving of a very large amount, $70,000, which embraces *209now, since the decision of the court of appeals, as the plaintiff claims, only questions of fact, and the defense to which involves a question or questions of fraud.

The plaintiff’s motion for a reference originally was strenuously opposed…