Swift v. Wylie
The Superior Court of New York City
This was an appeal from an order denying -a motion to vacate an order of arrest, and setting aside the report of a referee to whom such motion had been referred.
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This was an appeal from an order denying -a motion to vacate an order of arrest, and setting aside the report of a referee to whom such motion had been referred. The order of arrest was originally issued upon an affidavit of one of the plaintiffs, charging the defendants with having received nearly forty-five thousand dollars as the proceeds of the sales of certain promissory notes belonging to the plaintiffs, and placed by them in the hands of the former for sale, who embezzled such proceeds. A motion was made on behalf of the defendants to vacate such order upon their own affidavits and…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The order of reference made in this case, disposed at least temporarily of the motion to vacate the order of arrest. The subsequent hearing of the motion to confirm, and the counter motion to refuse to confirm, the referee’s report, an d the refusal to confirm it, left it in the power of the court- to dispose of the original motion itself, or send it to the same or a different referee, if such order was not beyond its jurisdiction, as has been suggested. Although on notices of motion to confirm, or to refuse to confirm, a referee’s report the authority of the…
2Cases cited11 opinions
- Winder v. CaldwellSupreme Court of the United States · 1853
- Goodrich v. DunbarNew York Supreme Court · 1854
- Simon Gratz's Executors v. CohenSupreme Court of the United States · 1851
- Kirby v. . FitzpatrickNew York Court of Appeals · 1859
- Barret v. GracieNew York Supreme Court · 1861
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