Decker v. O'Brien
New York Court of Common Pleas
Appeal from special term. Action by Paul G-. Decker against John E. O’Brien and others to foreclose a mechanic’s lien. ■ From- an order denying a motion to vacate an order of the referee reopening the case, and allowing plaintiff to produce further evidence, defendant O’Brien appeals.
1Opinion of the CourtBookstaveb, J.
Appeal from an order made at special term denying a motion to vacate an order of the referee reopening the case, and allowing the plaintiff to produce further evidence, etc. The action was brought to foreclose a mechanic’s lien, and was .duly referred to a referee to hear and determine. The case was finally submitted on the 5th of December, 1893. On the 29th of that month the referee rendered an opinion, but neither filed nor delivered his report. Thereafter the plaintiff’s attorney served a written notice on the defendants’ attorney, returnable on the 1st of February, 1894, before the…
2Cases cited8 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Williams v. . HayesNew York Court of Appeals · 1859
- Ayrault v. SackettNew York Supreme Court · 1858
- Kissam v. HamiltonNew York Supreme Court · 1860
- Litch v. BrothersonNew York Supreme Court · 1862
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