Johnson v. . Whitlock
New York Court of Appeals
Motion to dismiss appeal. The cause was tried before a referee, and judgment on his report in favor of the plaintiff was entered in September, 1853. The defendant appealed to the general term of the supreme court, and made a case which contained all the evidence, the exceptions taken during the trial, and exceptions to the referee’s conclusions, both of fact and law, as stated in his report.
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Motion to dismiss appeal. The cause was tried before a referee, and judgment on his report in favor of the plaintiff was entered in September, 1853. The defendant appealed to the general term of the supreme court, and made a case which contained all the evidence, the exceptions taken during the trial, and exceptions to the referee’s conclusions, both of fact and law, as stated in his report. On the case so made the judgment was reviewed at the general term, and, with some modification, was affirmed. After this affirmance, the defendant, intending to appeal to this court, prepared and served a…
1Opinion of the CourtComstock, J.
The Code of Procedure provides that a trial before referees is to be conducted in the same manner as a trial by the court; that they must state separately the facts found and their conclusions oí law; that their decision must be given and may be reviewed in like manner, but not otherwise, and that they may in like manner settle a case or bill of exceptions. (Code of 1852, § 272.) The practice on reviewing the decision of referees must therefore be ascertained, if at all, by a reference to the provision concerning trials by the court, which is in substance (see <§,268) that the decision must…
2Cited by10 opinions
- Murphy v. BennettCalifornia Supreme Court · 1886
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- McMahon v. HamiltonCalifornia Supreme Court · 1927
- French v. . PowersNew York Court of Appeals · 1880
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
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