Westbrook v. Dubois , 3 How. Pr. 26 ( 1847 )

Beardsley, Justice

Denied the motion with costs, on the ground that the motion should not have been noticed to Defendant; he had nothing to do with the settlement of the case by the referees; the present referees should settle the case; there were no sufficient grounds stated for substituting others for that purpose.

The Plaintiff was allowed an ex parte order, requiring the referees to settle the case, or show cause, &c.