Harris v. Wilson — 2 Wend. 627

Majority

p. 627

Harris vs. Wilson.

Headnote

The party commlsion a names all the commission-cause is shewn,

Motion for a commission. The party upon whom the notice was served claimed to name one of the commissioners, as in cases of the nomination of referees.

The practice which prevails on motions for reference does not apply to a case of this kind. The opposite party has not an absolute right to nominate one of the commissioners. A substitution will be made only on cause shewn against one or more of the commissioners named by the party moving.