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1 How. Pr. 98

Clark v. Fraser

New York Supreme Court

Decided February 15, 1845

New York Supreme Court · decided 1845-02-15

Motion by plaintiff to set aside report of referees in this cause for irregularity.—This cause was referred by consent, in September last, to three referees. In December last it was submitted to said referees after an extended investigation. On the 25th December last all the referees met and had a discussion of the cause.

Decided 1845-02-15

¶1*99It was insisted on the part of the plaintiff, that the signing the report when all the referees were not together was irregular.

Nelson, Chief Justice.

¶2Held, that the report having been agreed • upon the day previous by the two who signed it, and the other having agreed to dissent from their conclusion, the conclusion and determination of the cause was made by the referees on that day, and that the fact of all not having been present when the report was signed the next day, was immaterial.

¶3Decision.—Motion denied with costs. •

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