Backus v. Smith , 3 Cow. 344 ( 1824 )

Savage, Ch. J.

The settled practice is otherwise. You substitute one referee for any one named in the notice; and the mover may substitute some other person for the one against whom cause is shewn. The mover is always entitled to the nomination of two referees.

Livingston, then nominated; and,

Per totam Curiam—-

Rule accordingly.