Clark v. Grant

Decided February 15, 1829

New York Supreme Court · decided 1829-02-15

Motion to discharge the defendant from arrest. The de- • fendant, whose residence is m the county of Orleans, attended a reference at Rochester, in the county of Monroe, in a cause in which he was a party. The hearing before the ref-_ , ,, - T , . crees was closed on the seventh day oí January, and a report was made on the ninth day of January, at 10 o’clock in the morning.

Good law ✅— No negative treatment on recordhow we know

Decided 1829-02-15

How this case has been cited

Cited by 8 later decisions (1 by the Supreme Court) — most recently November 1914

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court, Sutherland, J.

¶1A party attending a reference is entitled to privilege, the same as when attending a trial; but it lasts only during the hearing and a reasonable time after to enable the party to return to his residence. A party might be indulged in remaining to learn the verdict of a jury, who cannot separate, after a cause is committed, until they pronounce a verdict. It is not so with a report of referees. Referees may separate, and a report may not be made until long after the hearing. The party being engaged in preparing to set aside the report, gives him no claim to be exempted from arrest.

¶2Motion denied.