The Superior Court of New York City December 13, 1851 (Fraser v. Phelps)

By the Court.

Duer, J.

We think it needless to determine in this case, whether, in an action at law, properly so called, an authority may be given to a referee to compel the production of books and papers, although it seems to be reasonable that he should possess the power, in all cases in which he is authorized to determine all the issues in the cause.