Fielden v. Lahens
The Superior Court of New York City
Motion to set aside the settlement of a case as irregular, and to send it back to the referees for resettlement. This was an action of assumpsit, commenced in 1844. The action was delayed by the execution of commissions in Europe, and other causes, until April, 1854, when the issues were referred to three referees to hear and determine. The referees dismissed the complaint.
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Motion to set aside the settlement of a case as irregular, and to send it back to the referees for resettlement. This was an action of assumpsit, commenced in 1844. The action was delayed by the execution of commissions in Europe, and other causes, until April, 1854, when the issues were referred to three referees to hear and determine. The referees dismissed the complaint. The plaintiffs excepted to the report of the referees, both to the findings of fact and conclusions of law; and having appealed to the general term of this court, prepared and served a case or exceptions, upon which to…
1Opinion of the CourtMonell, J.
The Revised Statutes (2 Rev. Stat., 384, § 46), require that all the referees, shall meet together and hear all the proofs and allegations of the parties, but a report by any two of them is valid. In all proceedings, therefore, connected with the trial before referees, all the referees must be present, not only to hear the proofs and allegations of the parties, but in their deliberations upon the evidence, and in making up their report.
It becomes, however, a question, whether the same necessity exists for all the referees to be present, in the settlement of a case and amendments, upon which…
2Cases cited2 opinions
- Morss v. MorssNew York Supreme Court · 1851
- Root v. KingNew York Supreme Court · 1827
3Cited by1 opinion
- Howard v. StrodeSupreme Court of Missouri · 1912