New York Supreme Court January 15, 1858 (Billings v. Baker)

Potter, J.

This motion might perhaps be regarded as somewhat technical, under the liberal system of practice introduced’ by the Code, if it did not involve the question of power. As a question of power, then, it must be- examined with caution. That the Supreme Court is now vested with the power which was exercised in this case by the referee, is beyond question.