Jenkinson v. Harris

Motion at Special Term to confirm report of a referee upon a claim against executors referred under the provisions of section 2718 of the Code of Civil Procedure, and for an order of this court that costs be^allowed against the defendants executors.

The referee’s report allows costs against the executors»upon the ground that the claim was unreasonably resisted.

Since the amendment of 1893 to section 2718, the referee possesses the right to adjudicate upon the question of costs; the reference is given the same standing and authority as a reference in an action and judgment is to be entered upon…