Watson v. Scriven
New York Supreme Court
Motion to stay proceedings, fyc. The action is upon a promissory note. The defendants are makers and endorsers. The referee to whom it had been referred, made his report in favor of the plaintiffs on the 9th of A.pril. The defendants have made a case, which has been duly settled, and they now move for a .stay of the plaintiff’s proceedings upon the report, until they can make a motion to set aside the report of the referee.
1Opinion of the Court
Harris, Justice.
This motion involves the inquiry, how the decision of a referee may be reviewed. On the one hand, it is supposed that a motion to set aside the report may be made before judgment, as under the former practice, while on the other, it is contended that the review can only be had upon appeal from the judgment. In the former case, the review would be had at a special term; in the latter at a general term.
As the Code is now amended, two modes of proceeding to obtain a review of a trial are prescribed. The one is applicable exclusively to a trial by jury. The other to trial by the…
2Cited by3 opinions
- Ward v. Central Park, North & East River RailroadThe Superior Court of New York City · 1870
- Morange v. MorrisNew York Supreme Court · 1860
- Weston v. KetchamThe Superior Court of New York City · 1875