Ferguson v. Bruckman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Julius F. Bruckman, from an order of the Supreme Court, made at the Kings County Special Term and' entered in the office of the clerk of the county of Kings 'on the 6th day of May, 1897, except that- part of the order vacating the judg-i ment heretofore granted in the action and ordering a new trial; with a statement that “ the details as to how and before whom the trial should be had, and the terms and conditions imposed and all other matters…
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Appeal by the defendant, Julius F. Bruckman, from an order of the Supreme Court, made at the Kings County Special Term and' entered in the office of the clerk of the county of Kings 'on the 6th day of May, 1897, except that- part of the order vacating the judg-i ment heretofore granted in the action and ordering a new trial; with a statement that “ the details as to how and before whom the trial should be had, and the terms and conditions imposed and all other matters contained in said order are appealed from.” The action was brought to obtain an accounting between the plaintiff and the…
1Opinion of the Court
Per Curiam :
When this case was before tis upon an. appeal from the. order which permitted the judgment herein ■ to stand, and directed "a-, rehearing before the referee and an application for ah amendment of the judgment, on the coming in of such report, we held that such order was beyond the power of the court to make and reversed the same. But we then said : “ The Special Term should have vacated. the judgment and ordered the case back to the referee for. a further hearing and new trial, and on the report, of the referee a new judgment, settling the rights of the parties should be entered.”…
2Cases cited3 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Millspaugh v. McBrideNew York Court of Chancery · 1839
- Ferguson v. BruckmanAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Ferguson v. BruckmanAppellate Division of the Supreme Court of the State of New York · 1898