New York Supreme Court, 1828

Cleaveland v. Hunter

Cleaveland v. Hunter
New York Supreme Court · Decided August 15, 1828 · Sutherland
1 Wend. 104

Counsel

J. A. Collier, for the plaintiff., G. C. Bronson, for the defendant.

Cleaveland v. Hunter

Opinion of the Court

By the Court,

Sutherland, J.

It is a matter of sound, discretion with the referees, to open a cause after it has been submitted to them, for the purpose of hearing further testimony ; and it is to be-presumed that they will discreetly exercise such discretion. Here an important question was left in doubt, in their minds, which they believed could be dispelled by further proof; they therefore did right in adjourning the cause, to give the party an opportunity of producing further testimony. The motion is denied.

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