Otis v. . Spencer
New York Court of Appeals
Appeal from the Supreme Court. The appeal book handed up by the appellants’ counsel contained the notice of appeal to this court, the summons and pleadings, an order of reference, the report of the referee, dated Decern ber 9, 1853, finding certain facts and conclusions of law, the last of which was that the plaintiffs were entitled to judgment for $508.43. This was followed by a further report of the referee, certifying certain facts (in compliance with an order of February…
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Appeal from the Supreme Court. The appeal book handed up by the appellants’ counsel contained the notice of appeal to this court, the summons and pleadings, an order of reference, the report of the referee, dated Decern ber 9, 1853, finding certain facts and conclusions of law, the last of which was that the plaintiffs were entitled to judgment for $508.43. This was followed by a further report of the referee, certifying certain facts (in compliance with an order of February 37, 1854, which is not contained in the papers), judgment upon the report of the referee, entered December 12, 1853,…
1Opinion of the CourtComstock, J.
This cause was tried by a referee, and judgment was entered on. his report in favor of the plaintiffs for $454.07 and costs. The defendants, without making a case, appealed to the Supreme Court at general term, where the judgment was affirmed. They then appealed to this court. The judgment in its nature is appealable, because it is a determination embraced within the definition of the eleventh section of the Code of Procedure, and section three hundred and thirty-three declares that an appeal may be taken to the Court of Appeals in the cases mentioned in section eleven. But it is one thing to…
2Cited by9 opinions
- Leland v. . CameronNew York Court of Appeals · 1865
- Sharp v. WrightNew York Supreme Court · 1861
- Bissel v. . HamlinNew York Court of Appeals · 1859
- Maltby v. GreeneNew York Court of Appeals · 1864
- Stratton v. CornfieldNew York Court of Appeals · 1865
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