Legal Opinion

Millen v. Fogg

The Superior Court of the City of New York and Buffalo

Decided March 2, 1891PublishedCited by 1 opinion

Appeal from special term. Loring R. Millen and another sued John C. Fogg and another. Defendants appealed from an order of reference, granted on the ground that the trial of the action would involve the taking of a long account.

1Per curiam

Although the only specific allegation that there were no difficult questions of law was made by the plaintiff, who was not a lawyer, yet the character of the case, as disclosed by all the papers, showed there was no such question. Welsh v. Darragh, 52 N. Y. 590, and other cases, required that the judge below should make the order appealed from. Order affirmed, with $10 costs. All concur.

2Cases cited1 opinion

  1. Welsh v. . DarraghNew York Court of Appeals · 1873

3Cited by1 opinion

  1. Hibbard v. Commercial Alliance Life InsuranceThe Superior Court of New York City · 1893