Majority
p. 264Stafford vs. Bacon. moved that the special report of the hearing and evidence made by the referees be referred back to them, with instructions to state on what particular ground they allowed the plaintiff’s demand. They read affidavits showing that the defendant was about moving for a re-hearing, and that a statement of the reasons of the referees was important to the right decision of the cause.
Headnote
The court will order a special report of referees to be sent back, if the circumstances of the case appear to require it, with instructions to state the reasons or grounds on which any particular claim of either party was allowed or disallowed.J. Lansing R. W. Peckham, for the plaintiff,
P. Gansevoort & S. Stevens, for the defendant.
We can require referees to report, among other things, “ their reasons for allowing or disallowing any claim of either party.” (2 R. S. 384, § 47.) Such a course is not often necessary; but in this case it may be important to know on what particular ground the plaintiff’s claim was allowed.
Motion granted.