Catlin v. Adirondack Co.
New York Supreme Court
Appeal from an order of the Special Term, denying a motion Iby the plaintiffs to set aside a judgment for alleged irregularities.
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Appeal from an order of the Special Term, denying a motion Iby the plaintiffs to set aside a judgment for alleged irregularities. All power and jurisdiction of a referee terminate with the filing of his report. {Sherman v. Justice, 22 How., 241; Piles v. Price, 23 id., 473 ; Goope v. Bowles, 42 Barb., 95.) When a referee has once filed his report he is functus officio, and cannot again act, even to correct a clerical error in his report, without a new order of authority from the court. (Piles v. Price, 23 How., 473 ; Truffaut v. Merrill, 37 Plow., 531; Richardson v. Ward, 13 Bevan, 110.) The…
1Opinion of the Court
ID avis, P. J. :
This action by consent of the parties was sent to a referee for trial. An appeal was taken from the judgment entered on the report of the referee, and, on such appeal the judgment was reversed and a new trial ordered. No order Ayas made vacating The order of reference, and neither party took any steps to change *390the referee. The defendant noticed the case for trial before the same referee. The plaintiffs paid no attention to the notice and did not appear before the referee, and-the result was that the-complaint was dismissed by the referee on motion of the defendant..
The…
2Cases cited3 opinions
- Richmond, Fredericksburg & Potomac Railroad v. Louisa RailroadSupreme Court of the United States · 1852
- White v. SmithNew York Supreme Court · 1869
- Murphy v. WinchesterNew York Supreme Court · 1861