Legal Opinion · Dissent

Barton v. Scramling

New York Supreme Court

Decided January 15, 1884Published

Appeal from a judgment in favor of tbe plaintiff, entered upon tbe report of a referee.

1DissentPotter, J.

This is an appeal from a judgment entered pursuant to an order of this court upon a motion to confirm the referee’s report upon a disputed claim under the statute, and overruling the exceptions taken to the report on behalf of the appellants. A preliminary objection is made by the respondent that the notice of appeal is from the judgment only, and not from the Order directing the judgment, overruling these exceptions and confirming the referee’s reports.

The objection is a technical one, and I think the court would not be warranted in sustaining the objection upon the authorities cited in…

2Cases cited3 opinions

  1. Schenck v. . DartNew York Court of Appeals · 1860
  2. Miller v. . MontgomeryNew York Court of Appeals · 1879
  3. Johnson v. HicksNew York Supreme Court · 1869

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