19 Wend. 624
Decided December 15, 1838
New York Supreme Court · decided 1838-12-15
This was an action of assumpsit, against the defendant as an executor. The cause was referred and a report made in favor of the plaintiff, which the defendant attempted to set aside on the merits. Whilst the application for that purpose was pending, the plaintiff was stayed from entering judgment. After a considerable lapse of time, the motion to set aside the report was heard and denied, and judgment rendered for the sum reported.
Decided 1838-12-15
¶1*625A rule was ORDERED to be entered that the plaintiff have leave in the record of judgment to be made up by him, to take judgment fo~ the interest of the sum reported due by the referees, the same as for costs; but that costs of suit should not be tared against the defendant.
¶2 Decided 7th December, 1837.