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3 Cow. 344

Backus v. Smith

New York Supreme Court

Decided October 15, 1824

New York Supreme Court · decided 1824-10-15

<p>agdmt whom a reference is moved, may of the referees, instead of any ene named in the notice ; but he cannot, by shewing cause, entitle himself to a further nomination. If a name is rejected for cause, it lies with the mover to nominate a snbsti-* -inte, Se the mover is always entitled to nominate 2 referees.</p>

Decided 1824-10-15

Savage, Ch. J.

¶1The settled practice is otherwise. You substitute one referee for any one named in the notice; and the mover may substitute some other person for the one against whom cause is shewn. The mover is always entitled to the nomination of two referees.

¶2Livingston, then nominated; and,

¶3Per totam Curiam—-

¶4Rule accordingly.

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