Mitchell v. Village of White Plains
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Dutchess County. Action by Anne Minott Mitchell, individually and as admintratrix of Isabella H. Mitchell, against the village of White Plains. From an order appointing a referee, defendant appeals.
1Opinion of the CourtBradley, J.
—The action was not referable in the first instance without the consent of the parties. They, by written stipulation, signed by their attorneys and filed with the clerk, did consent to refer it to Joseph S. Wood, and an order was therein granted, and entered accordingly. The trial before such referee resulted in a report and judgment in favor of the plaintiff. On appeal taken by the defendant to the general term the judgment was reversed, and a new trial granted. In *889the meantime the original plaintiff had died, and the action was continued in the name of the present plaintiff, who, after the…
2Cases cited5 opinions
- Maicas v. . LeonyNew York Court of Appeals · 1889
- Wood v. . SwiftNew York Court of Appeals · 1880
- Hustis v. . AldridgeNew York Court of Appeals · 1895
- Catlin v. . Adirondack CompanyNew York Court of Appeals · 1880
- Maicas v. LeonyNew York Court of Appeals · 1889