Hustis v. . Aldridge
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 10, 1894, which affirmed an order of Special Term which denied a motion by plaintiff for the appointment of two referees in place of two who, having been previously appointed, declined to serve. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 10, 1894, which affirmed an order of Special Term which denied a motion by plaintiff for the appointment of two referees in place of two who, having been previously appointed, declined to serve. The facts, so far as material, are stated in the opinion. The effect of the order vacating the stipulation and order of reference was to discontinue the action, which was beyond the power of the court to do against the protest of plaintiff, who had a vested right to have the action thus begun…
1Opinion of the CourtBartlett, J.
This is an appeal from an order of the General Term, second department, affirming an order of the Special Term denying a motion by the plaintiff for the appointment of two referees in place of two of three previously appointed who declined to serve.
The order appealed from also vacated the order of reference ■and the stipulation in pursuance of which it was made.
The plaintiff presented to the executors a claim against the •estate of Thomas Aldridge, deceased; it was disputed and referred under the statute.
' In order to determine whether the action of the court below ■can be sustained it is…
2Cited by8 opinions
- Saranac Land Timber Co. v. . RobertsNew York Court of Appeals · 1918
- Brooklyn Heights Railroad v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Lamphere v. LamphereAppellate Division of the Supreme Court of the State of New York · 1900
- Lamphere v. LamphereNew York Supreme Court · 1900
- Lamphere v. LamphereNew York Supreme Court · 1900
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