Quimby v. . Claflin
New York Court of Appeals
TiiESe were two appeals, the one from an order of the General Term of the Supreme Court, in the second judicial department, reversing an order of Special Term which denied a motion on the part of defendants to strike out an amendment of the complaint herein, and to set aside an order of the referee made on trial allowing such amendment, and granting the motionthe other from an order of said General Term affirming an order of Special Term which denied a motion on the part of…
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TiiESe were two appeals, the one from an order of the General Term of the Supreme Court, in the second judicial department, reversing an order of Special Term which denied a motion on the part of defendants to strike out an amendment of the complaint herein, and to set aside an order of the referee made on trial allowing such amendment, and granting the motionthe other from an order of said General Term affirming an order of Special Term which denied a motion on the part of plaintiff for leave to serve an amended complaint. An order striking out a pleading or a part of a pleading is…
1Opinion of the CourtRapallo, J.
We think that the proper mode of reviewing a decision of a referee allowing an amendment on the trial, is by exception to his decision, and an appeal from the judgment entered thereon, and that a motion to the court at Special Term to set aside or strike out an amendment thus allowed is improper. The decisions of a referee made upon the trial stand as the decisions of the court and are reviewable in the same manner, and by section 1018 of the Code of 1877, a referee upon the trial exercises the same powers as the court to allow amendments. Upon a trial before the court if an amendment of the…
2Cases cited2 opinions
- Woodruff v. DickieNew York Supreme Court · 1866
- Secor v. LordNew York Court of Appeals · 1867
3Cited by3 opinions
- Drake v. SieboldNew York Supreme Court · 1894
- Conlew, Inc. v. UhlerAppellate Division of the Supreme Court of the State of New York · 1933
- Shaw v. BryantNew York Supreme Court · 1892