18 Wend. 352
Decided June 15, 1837
New York Supreme Court · decided 1837-06-15
A motion was made in behalf of the defendant to set aside a judgment entered on a report of referees, and for leave to serve affidavits whereon to found a motion to set aside the report. The excuse offered for not complying with the general rule on this subject, was, that the party had not notice of the signing of the report. In answer,, it was objected that it was not the practice to give notice.
Decided 1837-06-15
¶1By the Court,
¶2It should be the practice. . In analogy to the making of a case for a new trial, the affidavit upon which it is intended to move to set aside the report should be served within four days after notice of the signing of the report, and unless the losing party has such notice, he is entitled to relief. Motion granted.