Brown v. Miller

New York Supreme Court

Brown v. Miller

1 Barb. 24

DecidedSeptember 9, 1847

StatusPublished

This text of 1 Barb. 24 (Brown v. Miller) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Miller, 1 Barb. 24 (N.Y. Super. Ct. 1847).

Pincite

Opinion

Edmonds, J.

Cases of this kind have occurred where, the damages could very conveniently have been ascertained by a sheriff’s jury, but where the plaintiff’s attorney, upon an affidavit like this, has obtained a rule of reference, and very largely and unnecessarily augmented the costs. To guard against such an abusé of the statute, I shall in future exact from the plaintiff’s attorney a sworn copy of the account on which the suit is brought; so that the court may judge for itself as to the necessity of a reference.

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Edmonds, J.

Cases of this kind have occurred where, the damages could very conveniently have been ascertained by a sheriff’s jury, but where the plaintiff’s attorney, upon an affidavit like this, has obtained a rule of reference, and very largely and unnecessarily augmented the costs. To guard against such an abusé of the statute, I shall in future exact from the plaintiff’s attorney a sworn copy of the account on which the suit is brought; so that the court may judge for itself as to the necessity of a reference.

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Bluebook (online)

1 Barb. 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-miller-nysupct-1847.