Johnston v. . Dahlgren
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1900, affirming a judgment in favor of plaintiffs entered upon the report of a referee; This was an action for the foreclosure of a mechanic’s lien.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1900, affirming a judgment in favor of plaintiffs entered upon the report of a referee; This was an action for the foreclosure of a mechanic’s lien. The plaintiffs recovered a judgment, which adjusted the amount of their lien against the defendant and directed a sale of the property in the usual form in such cases, and the judgment has been unanimously affirmed by the Appellate Division, in the second department. The case was tried before a referee. In his report, the…
1Opinion of the CourtGray, J.
The unanimous affirmance of the judgment recovered by the plaintiffs deprives this court of jurisdiction to review the questions of fact in the case. We are required to presume that the evidence supports the facts upon which the referee based his decision. It is evident that the referee considered that he was making the “ concise ” or “ short decision,” as it is now commonly called, permitted by sec. 1022 of the Code and I think it should be regarded as such, in view of the characterization given to it by himself. But it is not, in my opinion, very material how the form of the report is…
2Cases cited2 opinions
- Ming v. . CorbinNew York Court of Appeals · 1894
- Knowlton v. . Congress Empire Spring Co.New York Court of Appeals · 1874
3Cited by56 opinions
- John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
- Citaramanis v. HallowellCourt of Appeals of Maryland · 1992
- Benjamin v. KoeppelNew York Court of Appeals · 1995
- Charlebois v. J.M. Weller Associates, Inc.New York Court of Appeals · 1988
- Wood Selick v. . BallNew York Court of Appeals · 1907
51 more not listed; retrieve them via the Exa API.