¶1It does not lay in the mouth of the defen*285dant'to make this objection. If the report be not filed, it is his own neglect, and we will not delay, the motion for that reason.
¶2Rule, granted.
¶3 Gra. Prac. 2d ed. 576.
1 Johns. Cas. 238
Decided January 15, 1800
New York Supreme Court · decided 1800-01-15
This cause had been referred to referees, who; repbrted in favor of the defendant, and delivered their report to the defendant’s attorney, which was not yet filed.
Good law ✅— No negative treatment on recordhow we know
Decided 1800-01-15
Cited by 3 later decisions — most recently May 1847
2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.