Livermore v. . Bainbridge

In the case of Gray v. Fisk,* recently decided in this court but not yet reported, in which an appeal was taken from the order of the General Term of the Supreme Court, affirming an order of the Special Term denying a motion to set aside a judgment entered on the report of a referee, upon allegations of misconduct on his part, the appeal was dismissed on the ground that the motion was one addressed to the discretion of the judge at Special Term, and that no appeal in such a case lies to this court from the order of the General Term reviewing the exercise of that discretion.

The right of the…