Clark v. Fraser

New York Supreme Court

Clark v. Fraser

1 How. Pr. 98

DecidedFebruary 15, 1845

StatusPublished

This text of 1 How. Pr. 98 (Clark v. Fraser) 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

Clark v. Fraser, 1 How. Pr. 98 (N.Y. Super. Ct. 1845).

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Opinion

[99]*99It was insisted on the part of the plaintiff, that the signing the report when all the referees were not together was irregular.

Nelson, Chief Justice.

Held, that the report having been agreed • upon the day previous by the two who signed it, and the other having agreed to dissent from their conclusion, the conclusion and determination of the cause was made by the referees on that day, and that the fact of all not having been present when the report was signed the next day, was immaterial.

Decision.—Motion denied with costs. •

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[99]*99It was insisted on the part of the plaintiff, that the signing the report when all the referees were not together was irregular.

Nelson, Chief Justice.

Held, that the report having been agreed • upon the day previous by the two who signed it, and the other having agreed to dissent from their conclusion, the conclusion and determination of the cause was made by the referees on that day, and that the fact of all not having been present when the report was signed the next day, was immaterial.

Decision.—Motion denied with costs. •

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Bluebook (online)

1 How. Pr. 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-fraser-nysupct-1845.