Legal Opinion

Goldberger v. Manhattan Railway Co.

The Superior Court of New York City

Decided May 1, 1893Published

Appeal by plaintiffs from order made at special term declining to remove one of the referees heretofore appointed to determine the issues.

1Opinion of the CourtMcAdam, J.

The person sought to be removed is one of three referees appointed by the court upon consent of the parties to the action to hear, try and determine the issues therein.

The referee is a respectable member of the bar. No charge or insinuation has been made against his general character or ability. The removal is demanded because in certain proceedings by other parties against the defendants he received from them his per diem compensation as referee at the end of each month, and next, because he brought an action against one Hirsch to recover his fees as referee in an action prosecuted by the…

2Cases cited3 opinions

  1. Ford v. FordNew York Supreme Court · 1868
  2. Dorlon v. LewisNew York Supreme Court · 1851
  3. Devlin v. Mayor of New YorkNew York Court of Common Pleas · 1878

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