Race v. . Gilbert, Etc.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 5, 1884, which affirmed an order of Special Term fixing the fees of the appellant above named, a referee appointed herein to sell in pursuance of the judgment the real estate described therein.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 5, 1884, which affirmed an order of Special Term fixing the fees of the appellant above named, a referee appointed herein to sell in pursuance of the judgment the real estate described therein. This was an action for partition, the judgment directed the sale of the real estate by the appellant as a referee, and a distribution by him of the proceeds as prescribed by the judgment. The referee claimed the additional compensation allowed by section 3297 of the Code of Civil Procedure, where a…
1Opinion of the CourtFinch, J.
This appeal turns upon the construction of section 3297 of the Code of Civil Procedure which has been phrased so differently from the enactments upon which it was founded as to make its real meaning doubtful and debatable. It gives to a referee, appointed by the court to sell real estate, in addition to the fees allowed a sheriff for the same service, a commission where he “ is required to take security upon a sale or to distribute or apply, or ascertain and report upon the distribution or application of any of the proceeds of sale.” Where a sheriff is appointed to make such a sale he is…
2Cited by4 opinions
- In re the Accounting of BraunsteinAppellate Division of the Supreme Court of the State of New York · 1965
- Buchan v. BuchanNew York Supreme Court · 1919
- Sadler v. LyonNew York Court of Common Pleas · 1894
- Wallace v. StoneNew York Supreme Court · 1926