Preston v. . Morrow
New York Court of Appeals
Appeals from orders of the General Term of the Supreme Court in the third judicial department, affirming orders of Special Term referring said actions. The actions were not referable without consent of parties. By consent of the attorneys of the respective parties an order was entered referring them to a referee named. After a partial hearing was had, the referee refused to act further.
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Appeals from orders of the General Term of the Supreme Court in the third judicial department, affirming orders of Special Term referring said actions. The actions were not referable without consent of parties. By consent of the attorneys of the respective parties an order was entered referring them to a referee named. After a partial hearing was had, the referee refused to act further. Whereupon motions were made for the appointment of another referee in his place, which were granted. Appellant’s counsel appeared and opposed. ' The order of reference being without consent and against- the…
1Opinion of the CourtAllen, J.
These actions could not have been originally referred without the consent of the parties, for the reason that the trials thereof did not require the examination of a long account. (Code, § 271.) By consenting to refer to a particular referee, named in the consent and in the order, the parties did not waive the right to a trial either bythe court or by a jury if,- for any reason, the reference agreed upon should fall through. Hpon the death,, removal or refusal of the referee to act, the actions were again in the court for trial, as prescribed by law, as if no reference had been consented to.…
2Cases cited2 opinions
- Reynolds v. DouglassSupreme Court of the United States · 1838
- Weeks v. LyonNew York Supreme Court · 1854
3Cited by9 opinions
- Caruth-Byrnes Hardware Co. v. WolterSupreme Court of Missouri · 1886
- Ives v. IvesNew York Supreme Court · 1894
- Hicks Beach Co. v. FrostNew York Supreme Court · 1917
- Newman v. BenedictAppellate Terms of the Supreme Court of New York · 1910
- Adams v. BradyNew York Supreme Court · 1893
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