Thompson v. Seimer
New York Court of Common Pleas
Appeal from-an order of reference. This was an action to recover for professional services as an attorney and counsellor at law. ' The affidavit of plaintiff’s counsel, read on the motion to refer, stated that “the trial of the action involved the examination of a long account.”
Read the full summary
Appeal from-an order of reference. This was an action to recover for professional services as an attorney and counsellor at law. ' The affidavit of plaintiff’s counsel, read on the motion to refer, stated that “the trial of the action involved the examination of a long account.” The affidavit of defendant’s counsel, read in opposition, did not deny that the examination of a long account, would be required, but referred to the bill of particulars of plaintiff’s claim in the action, a copy of which was annexed. The bill of particulars contained three items of charges, as follows: 1. “ To many…
1Opinion of the CourtLoew, J.
On the part of the plaintiff it is urged, that no appeal lies from the order of reference granted in this case. The authorities, it seems, are conflicting on the point. There can, however, be no doubt that if a reference were ordered in a case, clearly unauthorized by law, as for instance, in an action for libel, false imprisonment or other wrong, or where the claim consists of only one or two items, the order would affect a substantial right and would, therefore, be appealable. (Gray agt. Fox, 1 Code Rep., N. S., 334; Cram agt. Bradford, 4 Abb,. 201; Whitaker agt. Desfosse, 7 Bosw., 678;…
2Cases cited3 opinions
- Whitaker v. DesfosseThe Superior Court of New York City · 1861
- Ubsdell v. RootNew York Court of Common Pleas · 1856
- Baker v. NussbaumNew York Court of Common Pleas · 1858