Excerpt from Practice Reports in the Supreme Court and Court of Appeals, Vol. 18: Of the State of New-York

A motion by a receiver to set aside a report of referee and judgment obtained against the party he represents, on the ground of collusion and fraud, will be denied, where the evidence produced, on the motion to sustain such ground, would be insufficient on an actual trial of issues formed in an action brought to secure the same object, to sustain the action. In other words, where it would be the duty of the court, in an action brought to obtain the relief sought by the motion, to dismiss the complaint for want of sufficient evidence to sustain the action, the motion will be denied.

That adjournments were not formally made from day to day, or from the time of one hearing to another, is in itself of no consequence, and does not amount to an irregularity in the proceedings, if both parties gave all the testimony they desired, and submitted the cause on such testimony to be decided by the referee.

New-York Special Term, September, 1859.

A judgment was entered in this action on the 13th of September, 1858, on the report of a referee, in favor of the defendant, made the 21st of May, 1858.

D. Colden Murray was appointed a receiver of the property and effects of this company, on the 31st of May, 1858; on the 13th of September, 1858, he was served with written notice of the entry of such judgment, as was also his attorney as such receiver, and as was also the attorney in the action of the said company.

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