Brown v. Birdsall

By the Court, Roosevelt, P. J.

This action, and all the issues in it, were referred to Mr. Scudder to hear and determine, on motion of the defendants Birdsall and Mather, who now complain of the referee’s report, having taken, it is stated, “ more than one hundred exceptions to his decisions” in the course of the trial. These exceptions the plaintiff’s counsel has classified under various heads; some as “ unfounded some as “ nullitiessome as “ frivolous,” and some as “ simply nonsensical.” As they are all, or nearly all, more or less connected with the pervading one arising out of an alleged “…