Newland v. West

Decided February 15, 1807

New York Supreme Court · decided 1807-02-15

Weston, moved to set aside the report of the referees in this cause, on the ground that the referees met and decided the cause after hearing the parties, in Saratoga county, where the referees lived, instead of Albany county, where the venue in the action was laid. The defendant lived in Washington county, and nearer the place where the referees met, than the county of Albany.

Relies on Cleveland v. Strong

Decided 1807-02-15

Per Curiam.

¶1There is no such thing as venue in regard to a hearing before referees. The court, however, will take care that the place of their meeting be not so chosen, as to be oppressive to the opposite party- No injury or inconvenience appears to have resulted to the defendant.

¶2 *188The .place of meeting was more convenient for him than in Albany county. It appears, also, that the parties met once, by consent, before the referees, in the county of Saratoga, (a)

¶3Rule refused.

¶4The affidavit for a reference need not state where the venue is laid. Cleaveland v. Strong, 2 Cow. 448.