7 Wend. 534
Decided June 7, 1832
New York Supreme Court · decided 1832-06-07
Motion to set aside report of referees. On the day appointed for the hearing, two only of the referees appeared, and adjourned the hearing to a future day; to which adjournment the defendant objected. On the adjourned day the defendant refused to appear; the referees all attended, heard the proofs of the plaintiff, and made a report in his favor; which the defendant now moved to set aside.
Good law ✅— No negative treatment on recordhow we know
Decided 1832-06-07
Cited by 4 later decisions — most recently November 1902
4 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.
View the full empirical analysis of this case →
¶1By the Court,
¶2The two referees, the third not attending, had no authority to adjourn the hearing. Referees have no power to act unless all attend. The concurrence of two, had the third been present, would have been enough, but only two attending, they could not do any act affecting the rights of the parties. The report must be set aside.