McCormick v. Walker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph Walker, Jr., and another, as executors and trustees, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9 th day of May, 1913, denying plaintiff’s motion to dismiss defendants’ appeal from a judgment, and denying defendants’ motion to vacate the judgment and set aside the report of the referee, and declaring the case on appeal settled, and…
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Appeal by the defendants, Joseph Walker, Jr., and another, as executors and trustees, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9 th day of May, 1913, denying plaintiff’s motion to dismiss defendants’ appeal from a judgment, and denying defendants’ motion to vacate the judgment and set aside the report of the referee, and declaring the case on appeal settled, and ordering it on file.
1Opinion of the Court
McLaughlin, J.:
Action to recover for legal services. The issues were referred to a referee to hear and determine. He made a report in favor of the plaintiff, and judgment was entered thereon, from which defendants appealed. Sometime after the proposed case on appeal and proposed amendments thereto had been served, nothing further having been done, the plaintiff moved to dismiss *55the appeal on the ground that it had been abandoned. The defendants then made a motion to vacate the judgment and set aside the report on the ground that the referee had become disqualified to act further by reason of…
2Cases cited4 opinions
- People v. . ConnorNew York Court of Appeals · 1894
- Bremer v. Manhattan Railway Co.New York Court of Appeals · 1908
- Leonard v. . MulryNew York Court of Appeals · 1883
- Smith v. DunnAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by7 opinions
- Payne v. LeeSupreme Court of Minnesota · 1946
- In re the Arbitration between Friedman & FriedmanAppellate Division of the Supreme Court of the State of New York · 1926
- Moers v. GilbertNew York Supreme Court · 1941
- People v. BennettAppellate Division of the Supreme Court of the State of New York · 1963
- Clark v. KrugAppellate Division of the Supreme Court of the State of New York · 2007
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