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Salisbury v. Scott

Salisbury against Scott

Salisbury v. Scott, 6 Johns. 329 (N.Y. Sup. Ct. 1810)
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Court
New York Supreme Court · State Trial Courts
Decided
August 15, 1810
Citations
6 Johns. 329
Headnotes
< Where a motion to refer & cause, is repelled by an affidavit, that questions of law will arise, such affidavit must state what the points of law are, to enable the court to judge of the propriety of granting or refusing the application,
Summary
J. V. D. SCOTT moved for a reference of this cause, on the usual affidavit.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

Where a motion to refer a cause, is repelled, on the ground that questions of law will arise on the examination of the cause, the party must state what the points of law are, so that the court may judge whe'-her they are material or difficult, and will necessarily arise ; and that we may be satisfied whether the referees be a proper tribunal for the trial of the cause ; otherwise, by the general affidavit, all references may be preV vented.

*330 1 he motion is denied, with costs to abide the event oí , the suit,

Motion denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1856–1857: 11874–1875: 11890–1891: 11892–1893: 218562026peak 1892 · 2

Relies on it most ⓘ

  1. Dewey v. Field13 How. Pr. 437 (N.Y. Sup. Ct. 1856)
  2. Cass v. Cass16 N.Y.S. 229 (N.Y. Sup. Ct. 1891)
  3. Hibbard v. Commercial Alliance Life Insurance24 N.Y.S. 332 (1893)
  4. Hibbard v. Commercial Alliance Life Insurance53 N.Y. St. Rep. 517 (1893)
  5. Patterson v. Stettauer7 Jones & S. 413 (1875)

Most recent

  1. Hibbard v. Commercial Alliance Life Insurance24 N.Y.S. 332 (1893)
  2. Hibbard v. Commercial Alliance Life Insurance53 N.Y. St. Rep. 517 (1893)
  3. Cass v. Cass16 N.Y.S. 229 (N.Y. Sup. Ct. 1891)
  4. Patterson v. Stettauer7 Jones & S. 413 (1875)
  5. Dewey v. Field13 How. Pr. 437 (N.Y. Sup. Ct. 1856)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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