City Real Estate Co. v. Gaylor
New York Supreme Court
Motioet to open default on appeal from an order confirming the report of a referee in a surplus money proceeding.
1Opinion of the CourtScott, J.
This is a surplus money proceeding, in which a referee was appointed and his report was confirmed by the court. One of the claimants has appealed from the order of confirmation, but has not served the printed papers on appeal within the prescribed time. B[e now moves that his default in this regard be opened, and that the court,- by order, permit him to print on appeal only a portion of the testimony taken before the referee. The amount of surplus money was large, and there were three claimants to it. The defendant Erank Raub made claim to a part of the surplus under several mortgages to him…
2Cases cited2 opinions
- Weseman v. . WingroveNew York Court of Appeals · 1881
- Manhattan Railway Co. v. TaberNew York Supreme Court · 1894