Bates v. Holbrook

The Court of Appeals decided that the plaintiff was entitled to final judgment and that the damages should be assessed. An order was entered in this court on the remittitur appointing a referee to assess the damages. The latter made his report assessing plaintiff’s damages, and before the time to except thereto expired the defendants moved for leave to make and serve a case and exceptions and for a stay until the making and settlement of such case, and the making and decision of such motion to set aside said report. I think the defendants have mistaken their remedy. As seen, the issues have…