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1 Cole. & Cai. Cas. 134

Sharp v. Dusenbury

New York Supreme Court

Decided October 15, 1800

New York Supreme Court · decided 1800-10-15

P. W. YATES moved to set aside interlocutory judgment, because the sheriff, before whom the inquisition was taken, had admitted improper and re jected proper evidence.

Decided 1800-10-15

Per Curiam.

¶1When parties agree to submit a controversy to the decision of the sheriff, the inquest is to be considered as in nature of an arbitration, and therefore, the court will never set aside the inquisition merely because the sheriff admits improper or rejects proper evidence.

¶2Motion denied.

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