Practice Reports in the Supreme Court and Court of Appeals of the State of New-York, Vol. 25 (Classic Reprint)

Excerpt from Practice Reports in the Supreme Court and Court of Appeals of the State of New-York, Vol. 25 Copies of those reports, with the usual notices, were duly served on Mr. Livingston (attorney in person) on the 3d day of March, 1863. On the 6th day of March, 1863, Mr. Livingston (having received the reports and notices) served notice of trial in each case for the then next Ulster circuit, to be held March 23d, 1863. At this circuit Mr. Gidney moved to strike the causes from the calendar, on the ground that they had been tried and determined by the referee; and the justice holding the circuit ordered the motions to stand over until this special term, then to be heard in connection with Mr. Gidney's motions (then already noticed for this term) to confirm the reports, &c., and to make an extra allowance to said Gidney. These motions now come up to be heard together J. E. Van Etten, attorney, and Ira Harris, counsel for Gidney. Henry Smith, counsel for Livingston. Gould, Justice. On this hearing it is claimed that the Code (§273, as amended in 1862,) in saying that a referee "shall make and deliver his report within sixty days from the time the action shall be finally submitted, and on default thereof shall not be entitled to receive any fees, and the action shall proceed as though no reference had been ordered," has made the action of the referee after such sixty days bad expired a nullity; and that the report and judgment are void in these cases; and that the only way of proceeding in them is by trial at the circuit. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.