Bryan v. Brennon
New York Supreme Court
Judges Barculo, Brown and Strong. This was an appeal from an order of the City Court of Brooklyn. The cause being at issue, had been referred by that court to a referee to hear and determine.
1Opinion of the Court
By the Court, Barculo, Justice.
We are unable to discover any authority in the Code for this appeal. It can not be said that the reference involves the merits. It is merely determining the mode of trial; and no more involves the merits than an order changing the place of trial, which we have formerly held not to be appealable.
But the defendant contends that the complaint does not state a cause of action, and that the city court has passed otherwise upon that question, in ordering the reference. It is a sufficient answer to that argument to say, that this is not the proper time, to raise that…
2Cited by2 opinions
- Brown v. HarperSupreme Court of Iowa · 1880
- Lupton v. JewettThe Superior Court of New York City · 1863