Denning v. Smith
New York Supreme Court
Error from the New-York common pleas. On the 15th March, 1826, Ira Smith presented a petition to the Hon. John T. Irving, first judge of the court of common pleas of the city of New-York, stating that the sloop or vessel called the G-eneral Pike, and the owners thereof, were justly indebted to the petitioner in the sum of $¡100 and upwards, and refer-1 w x red to an account annexed to the petition for the items of his demand, which consisted of charges for materials…
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Error from the New-York common pleas. On the 15th March, 1826, Ira Smith presented a petition to the Hon. John T. Irving, first judge of the court of common pleas of the city of New-York, stating that the sloop or vessel called the G-eneral Pike, and the owners thereof, were justly indebted to the petitioner in the sum of $¡100 and upwards, and refer-1 w x red to an account annexed to the petition for the items of his demand, which consisted of charges for materials furnished and labor done for such vessel, amounting to the sum 0f ° $110,04. The party made oath to his account, and the judge…
1Opinion of the Court
By the Court, Savage, C. J.
The referees to whom the cause in the court below was referred annexed to their report the evidence as it appeared before them ; but, as that properly forms no part of the record, there being no bill of exceptions, that evidence, and the questions decided by the referees, are not judicially before us. If the referees erred in any matter of law or fact, the proper remedy was by application to the court below to set aside their report.
The errors assigned in the record are, 1. That the declaration is insufficient; 2. That the plaintiff’s account should have been…
2Cited by1 opinion
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