Oxley et al. v. Oldden

Oxley et al. v. Oldden. Reference. — Practice. This cause had been referred, and the referees, having examined the evidence, in presence of both parties, agreed upon their report, but about an hour before it was delivered into court (though it was signed the preceding day), L B. McKean, on behalf of the defendant, had obtained a rule to show cause why the rule of reference should not be stricken off. There was no charge of irregularity or partiality against the referees ; and after argument by Lewis, for the plaintiffs, and Lngersott and J. JB. McKean, for the defendant, the rule to show cause was discharged. And— [MAJORITY — McKean, Chief Justice,] McKean, Chief Justice, observed, that the motion was much too late to annul the reference, when the referees had investigated the whole transaction, had agreed upon their report, and were clear from any imputation of misconduct, or any precipitancy in refusing to hear the testimony offered by either party. Ruston v. Dunwoody, 1 Binn. 42; Pollock v. Hall, 4 Dall. 222; s. c. 3 Yeates 42; Grubb v. Grubb, 2 Dall. 191; s. c. 1 Yeates 193; McCall v. Craossilat, 2 S. & R. 167.