Brown v. Root Manufacturing Co.

This is an action of ejectment to recover possession of certain premises in the city of Cohoes.

*302The attorneys for the respective parties, by a written stipulation, referred the action to an attorney of this court as sole referee, to hear and determine. The referee made his report finding in favor of the defendant, judgment was thereupon entered against the plaintiff, with the costs of the action.

Thereafter, at a special term of this court, an order was entered under § 1525 of the Code of Civil Procedure, vacating said judgment and granting a new trial, upon the payment of defendant’s costs.…