McCullough v. Brodie 6 Duer 659, 13 N.Y. Super. Ct. 659

McCullough v. Brodie, et al.

An action cannot be referred, except by consent of parties, merely because the trial of it will require proof of various small items of damage. To justify a compulsory reference, the trial must involve “the examination of a long account on either side,” according to the ordinary acceptation of the word account.

The only fact which authorizes a compulsory reference is the same, under the Code, as when the Revised Statutes alone gave the power to refer. (2 R. S. 384, § 40; Code, § 211, sub. 1; 19 Wend. 31; 25 id. 681; 6 id. 603; Van Rensselaer and others v. Jewett, 6 Hill, 313.) This case is reported in 13 How. Pr. R. 346.

(At Special Term,

Dec., 1856.

Before Bosworth, J.)