Williams v. Green

3 Cai. 129 Court N.Y. Sup. Ct. English

Contents

Majority

p. 129

Williams against Green.

Headnote

Rule for reference at a circuit is void, award of course set aside, but as act of court, without costs.

IT was ruled that a circuit court cannot order a cause to be referred under the statute.^[1] That any award, therefore, under a rule for a reference granted at a circuit, must be .set aside, but without costs, as the rule, though a nullity, ⅛ an act of the court.

* Act for the amendment of the law. 1 Rev. Laws 346. Sec. 2.