Public-domain · open source
OpenJurist

2 How. Pr. 175

Small v. Deforest

New York Supreme Court

Decided June 15, 1846

New York Supreme Court · decided 1846-06-15

Motion by defendant to set aside report of referees, for irregularity. This cause was referred at the Ulster circuit, held in March last, to three referees, James 0. Linderman, Jacob H. DeWitt, and Peter Yan Graasbeek, Jr. On the 19th of March, plaintiffs’ attorney noticed the cause for hearing before the referees for the 2d day of April, at 9 o’clock, A. M., at the house of J. Pardee in the village of Kingston.

Decided 1846-06-15

¶1Defendants’ counsel insisted that two referees before organization had not power to adjourn, and consequently had no power to postpone or keep open the matter for a number of hours after the hour designated in the notice of hearing The general rule in the city of New-York was, to wait one hour after the time designated in the notice, and, if all the referees did not‘then appear and organize, the cause was renoticed for hearing at another time.

¶2Said, that in the country they waited all day sometimes, to get all the referees together, and get them organized; he thought there was nothing irregular in the plaintiffs’ proceedings. Motion denied with costs.

/2/howpr/175 · .json · Public domain