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2 Wend. 627

Harris v. Wilson

New York Supreme Court

Decided August 15, 1829

New York Supreme Court · decided 1829-08-15

The party upon whom the notice was served claimed to name one of the commissioners, as in cases of the nomination of referees.

Decided 1829-08-15

By the Court, Sutherland, J.

¶1The practice which prevails on motions for reference does not apply to a case of this kind. The opposite party has not an absolute right to nominate one of the commissioners. A substitution will be made only on cause shewn against one or more of the commissioners named by the party moving.

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