New York Supreme Court July 1, 1843 (Packer v. French)

By the Court,

Bronson, J.

We think the referee might in his discretion have postponed the hearing and received further evidence at another time, and as he has certified that he declined doing so upon the sole ground of want of authority, and as the affidavits make a strong case in favor of the motion, we are of opinion that the hearing should be opened, and the parties be allowed to produce