Lemon v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff in each of the above-entitled actions, and also by the guardian ad litem of the infant defendants in each of the above-entitled actions, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Madison on the 13th day of May, 1897, as amended by an order made at the Oneida Special Term and entered in the office of the clerk of the county of Madison on the 29th clay of May, 1897,…
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Appeal by the plaintiff in each of the above-entitled actions, and also by the guardian ad litem of the infant defendants in each of the above-entitled actions, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Madison on the 13th day of May, 1897, as amended by an order made at the Oneida Special Term and entered in the office of the clerk of the county of Madison on the 29th clay of May, 1897, denying their motion to vacate, annul and set aside the referee’s report and the order of reference in each of said actions…
1Opinion of the Court
Landon, J.:
The motion of the plaintiffs to vacate, annul and set aside the referee’s report and ¡decision, and also the order of reference, was denied by the Special Term, not upon the merits, but because of the preliminary objections made by the respondents. The principal objection and the only one we need consider, was, that inasmuch as one of the defendants, Samuel E. Smith, died before the referee délivered his report, his executor not having been substituted as a party in his place, the report and all proceedings in the action sub*525sequent to Ms death, and before the substitution of the…
2Cases cited5 opinions
- Lyon v. . ParkNew York Court of Appeals · 1888
- Hancock v. . HancockNew York Court of Appeals · 1860
- Lewis v. RandallNew York County Court, Chenango County · 1866
- Halstead v. CockroftThe Superior Court of New York City · 1875
- Lachaise v. LibbyNew York Court of Common Pleas · 1861
3Cited by3 opinions
- Van Tuyl v. SchwabAppellate Division of the Supreme Court of the State of New York · 1916
- Kirschenbaum v. BraunsteinNew York Supreme Court · 1927
- Lemon v. SmithAppellate Division of the Supreme Court of the State of New York · 1898