Cowen v. Village of West Troy
New York Supreme Court
APPEAL from a judgment entered on the report of a referee in favor of the plaintiff. The action was brought to recover for work, labor and services alleged to have been rendered by one James McGrath for the defendants.
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APPEAL from a judgment entered on the report of a referee in favor of the plaintiff. The action was brought to recover for work, labor and services alleged to have been rendered by one James McGrath for the defendants. It was admitted, on the trial, that the sum of $64 was due for work done, The balance, $224.18, the defendants claimed was for work performed in pitching and grading Stafford street in. the village of West Troy, under an ordinance passed by the trustees on the 5th of December, 1855, which, it was alleged, was void on its face, not being in conformity with the provisions of…
1Opinion of the Court
By the Court,
Miller, J.
A preliminary objection is raised in this cause, as to the right to review the. decision of the referee, upon the ground that no exceptions have been taken to the referee’s report. It is insisted, that no exceptions having been taken, it is an admission that none will lie; and in view of the admissions made as to the correctness of the findings of facts and conclusions of law of the referee, the case can not be reviewed.
It is no doubt essential, in order to review, at general term, any finding or final decision of a referee upon a question of law or fact, that…
2Cases cited2 opinions
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Whitcomb v. GreenNew York Supreme Court · 1846
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- City of New York v. Seely-Taylor Co.Appellate Division of the Supreme Court of the State of New York · 1912
- People v. Gilbert, New York County Courts1910
- Sewall v. City of St. PaulSupreme Court of Minnesota · 1874
- Black v. Common CouncilMichigan Supreme Court · 1899
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