Hicks Beach Co. v. Frost
New York Supreme Court
Motion to vacate and set aside an order of reference to hear and determine the issues in an action for partition óf real estate, and that the issues be referred for hearing and determination to another referee.
1Opinion of the CourtScudder, J.
The motion is made in behalf of certain defendants who have not heretofore appeared in the action, but who were and are in default by reason of their failure to appear or answer.
They appear specially for the purpose of making this motion and contend that the order of reference which they seek to set aside was made in violation of section 1012 of the Code of Civil Procedure and rule 66 of the General Buies of Practice in that the referee was not designated by the court, but was appointed pursuant to a stipulation between parties who had appeared in the action.
The order of reference, omitting…
2Cases cited4 opinions
- Preston v. . MorrowNew York Court of Appeals · 1876
- Levine v. GoldsmithAppellate Division of the Supreme Court of the State of New York · 1902
- Fairweather v. . BurlingNew York Court of Appeals · 1905
- Newman v. BenedictAppellate Terms of the Supreme Court of New York · 1910
3Cited by1 opinion
- Dusch v. DuschNew York Supreme Court · 1938