Gott v. Owen

New York Supreme Court

Gott v. Owen

7 Hill & Den. 155

DecidedDecember 15, 1844

StatusPublished

This text of 7 Hill & Den. 155 (Gott v. Owen) 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

Gott v. Owen, 7 Hill & Den. 155 (N.Y. Super. Ct. 1844).

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Opinion

By the Court,

Bronson, J.

This is a motion to refer to a sole referee, which can only be ordered with the consent of parties. (Stat. of 1836, p. 767.) The plaintiff should have moved to refer to three persons—naming them in the notice. (2 R. S. 384, §§ 39, 40; Bedle v. Willett, 1 Caines, 7; Lusher v. Walton, id. 150.) It is still the practice to name three referees in the notice, though on making the motion, unless the parties are agreed, each names one referee, and the court designates the third.

Motion denied.

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By the Court,

Bronson, J.

This is a motion to refer to a sole referee, which can only be ordered with the consent of parties. (Stat. of 1836, p. 767.) The plaintiff should have moved to refer to three persons—naming them in the notice. (2 R. S. 384, §§ 39, 40; Bedle v. Willett, 1 Caines, 7; Lusher v. Walton, id. 150.) It is still the practice to name three referees in the notice, though on making the motion, unless the parties are agreed, each names one referee, and the court designates the third.

Motion denied.

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Bluebook (online)

7 Hill & Den. 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gott-v-owen-nysupct-1844.

Opinion

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