Cleaveland v. Hunter

New York Supreme Court

Cleaveland v. Hunter

1 Wend. 104

CourtNew York Supreme Court

DecidedAugust 15, 1828

StatusPublished

Cited by4 cases

This text of 1 Wend. 104 (Cleaveland v. Hunter) 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

Cleaveland v. Hunter, 1 Wend. 104 (N.Y. Super. Ct. 1828).

Pincite

Opinion

By the Court,

Sutherland, J.

It is a matter of sound, discretion with the referees, to open a cause after it has been submitted to them, for the purpose of hearing further testimony ; and it is to be-presumed that they will discreetly exercise such discretion. Here an important question was left in doubt, in their minds, which they believed could be dispelled by further proof; they therefore did right in adjourning the cause, to give the party an opportunity of producing further testimony. The motion is denied.

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By the Court,

Sutherland, J.

It is a matter of sound, discretion with the referees, to open a cause after it has been submitted to them, for the purpose of hearing further testimony ; and it is to be-presumed that they will discreetly exercise such discretion. Here an important question was left in doubt, in their minds, which they believed could be dispelled by further proof; they therefore did right in adjourning the cause, to give the party an opportunity of producing further testimony. The motion is denied.

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Bluebook (online)

1 Wend. 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cleaveland-v-hunter-nysupct-1828.

Opinion

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