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12 Wend. 291

Cafferty v. Keeler

New York Supreme Court

Decided March 19, 1835

New York Supreme Court · decided 1835-03-19

This cause had been referred, and a report made by the referees of the evidence and proceedings had before them on the hearing. The defendant now asked for a rule that the referees amend their report in a variety of particulars specified in a notice, as to what transpired on the hearing, as to the testimony of several witnesses, and as to admissions made by the plaintiff.

Decided 1835-03-19

¶1By the Court,

Sutherland, J.

¶2This is a novel motion, but it is entirely analogous to the former practice of this court, requiring justices to make supplementary returns jn certiorari cases; and no reason is perceived why that practice should not be adopted in cases of this kind, taking care to treat the referees with the utmost liberality in any orders which may be made by the court. Applying then, the principles governing in certiorari cases, this motion must be denied. Looking at the report sought to be amended, and comparing it with the proposed amendments, I am inclined to believe that the referees have already substantially answered to the matters in relation to which a supplementary or amended report is asked ; and if so, there is no propriety in subjecting them to the trouble of making a supplementary report, answering specifically to the facts set forth in the notice.

¶3Motion denied.

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