Summary
In Spence v. Simis (137 N.Y. 616), it was held that a compulsory reference could not be ordered unless it appeared with reasonable certainty that the hearing of the case will require the examination of a long account. It is not necessary that this proof shall be made by affidavit; it is sufficient if the fact clearly appears from the verified pleadings that the examination of a long account will be involved in the trial of the issues.
Summary of this case from Cassidy et al. v. McFarlandOpinion
Argued March 13, 1893
Decided March 21, 1893
Frank S. Williams for appellant.
J. Newton Fiero for respondent.
Per Curiam opinion for reversal.
All concur.
Orders reversed.