9 Wend. 480 | N.Y. Sup. Ct. | 1833
By the Court,
This court has refused to interfere where a cause has been referred by consent without any rule for that purpose, because the court has no control over referees so chosen; the referees in such case being mere arbitrators. 1 Johns. R. 315, 492, 3. So, though a rule be entered, if the action be one not referable under the statute as trover. 17 id. 129. So if the case be referable as assump
Motion denied, with costs.