Legal Opinion

Kellogg v. Clark

New York Supreme Court

Decided January 15, 1881Published

. Appeal from a judgment in favor of the defendants, entered upon an order confirming the report of a referee appointed to pass upon a disputed claim against the estate of the defendants’ intestate.

1Opinion of the Court

Talcott, P. J.:

This case comes before .the court on an appeal from a judgment entered on the confirmed report of a referee, appointed with the approval of the surrogate of Herkimer county, under the statute *394authorizing administrators to refer claims, the justice of which they dispute.

It appears that after the report of the referee had been filed, a motion was made on due notice, by the attorney for the defendants for judgment in pursuance thereof, which was opposed by the attorney for the plaintiff, and was granted on the 9th day of December, 1879, after hearing the counsel on both sides.

The…

2Cases cited7 opinions

  1. Broadwell v. GetmanNew York Supreme Court · 1846
  2. Smith v. . VelieNew York Court of Appeals · 1875
  3. Durand v. . CurtisNew York Court of Appeals · 1874
  4. Moore v. FoxNew York Supreme Court · 1813
  5. Lower v. WintersNew York Supreme Court · 1827

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