Cleaveland v. Hunter

Decided August 15, 1828

New York Supreme Court · decided 1828-08-15

‘Motion that referees report. This cause was brought to a hearing before the referees, during the present term. After the parties had produced their testimony, and the cause was summed up by counsel, the referees retired.

Cited by 2 later decisions — most recently November 1900

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1828-08-15

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¶1By the Court,

Sutherland, J.

¶2It is a matter of sound, discretion with the referees, to open a cause after it has been submitted to them, for the purpose of hearing further testimony ; and it is to be-presumed that they will discreetly exercise such discretion. Here an important question was left in doubt, in their minds, which they believed could be dispelled by further proof; they therefore did right in adjourning the cause, to give the party an opportunity of producing further testimony. The motion is denied.