Quincey v. . Young
New York Court of Appeals
Appeal from order of General Term of the Court of Com-Pleas of the city and county of New York, affirming order of Special Term denying defendants’ motion that the cause be sent back to the referee for further findings. The facts appear in the opinion.
1Opinion of the CourtRapallo, J.
The issues in this action were tried before a referee, who reported in favor of the plaintiff, and in his report stated the facts found by him and his conclusions of law thereupon.
Judgment was entered on the report on the 26th of January, 1872, and on the 27th and 29th of January, and 1st of February, 1872, the defendants severally appealed to, the General Term from this judgment.
A case was thereupon made by the defendants for the purposes of the appeal. On the settlement of the case, the defendants, relying upon section 268 of the Code and rule 41 of the Supreme Court, requested the referee…
2Cited by3 opinions
- Potter v. . CarpenterNew York Court of Appeals · 1877
- In re Stephens' EstateNew York Supreme Court · 1888
- In re the Final Judicial Settlement of the Account of NilesNew York Supreme Court · 1888