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OXLEY ET AL. v. OLDDEN
U.S. Supreme Court
Apr 1, 1789
THIS cause had been referred, and the Referees, having examined the evidence in presence of both parties, agreed upon their report; but about an hour before it was delivered into Court (though it was signed the preceding day) J.B. M`Kean, on behalf of the Defendant, had obtained a rule to shew cause, why the rule of reference should not be struck off.
And M`KEAN, Chief Justice, observed, that the motion was much too late to annul the reference, when the Referces had investigated the whole transaction, had agreed upon their report, and were clear from any imputation of misconduct, or any precipitancy in refusing to hear the testimony offered by either party.
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