Walrath v. Abbott
New York Supreme Court
Appeal from special term, Herkimer county. Action by Walter Walrath and others against William H. Abbott. From an order denying a motion to require defendant’s attorney and the clerk of Herkimer county to include in the judgment roll herein his requests to find, together with the rulings of the trial court thereon, plaintiffs appeal. Reversed.
1Opinion of the CourtMartin, J.
After a previous trial of this case, and after an appeal was taken from the judgment entered on the report of the referee therein, a motion before this court was made by the plaintiffs to compel the clerk of Herkimer county to annex to the judgment roll the plaintiffs’ requests to find, and the rulings of the referee thereon. That motion was granted. We see no reason why we should not follow our decision at that time. While it may be that the better practice would require a court or referee to include in his decision or report all the facts found, and that, without an order of court, requests…
Also in this document: Concurrence.
2Cases cited7 opinions
- Wahl v. . BarnumNew York Court of Appeals · 1889
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Green v. . RoworthNew York Court of Appeals · 1889
- Traders' National Bank v. ParkerNew York Court of Appeals · 1892
- Nobis v. PollockNew York Supreme Court · 1889
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