Maicas v. Leony
New York Court of Appeals
Appeal from an order of the general term, affirming an order of the special term denying a motion for the appointment of a referee to take and state accounts, and from an order vacating and setting aside the report of the referee and the interlocutory judgment.
1Opinion of the CourtEarl, J.
What is called the report of the referee in this case is quite informal and incomplete. It does not contain separate findings of law and of fact, as required by the Code,, section 1022; and such findings as are contained therein are so commingled with what appears to be the opinion of the referee, that it is difficult in some respects to distinguish the one from the other. It was, therefore, within the power of the supreme court to set aside the report and the interlocutory judgment which was entered ex parte thereon. Whether it would set them aside was a matter of practice resting in its…
2Cited by1 opinion
- Mitchell v. Village of White PlainsAppellate Division of the Supreme Court of the State of New York · 1896