Martin v. . Windsor Hotel Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term referring this action. (Reported below, 10 Hun, 304.) This action was upon an account for professional services rendered by plaintiff as attorney for defendant. The order of reference was granted upon an affidavit that the trial would involve the examination of a long account.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term referring this action. (Reported below, 10 Hun, 304.) This action was upon an account for professional services rendered by plaintiff as attorney for defendant. The order of reference was granted upon an affidavit that the trial would involve the examination of a long account. Where a case does not show that the General Term exercised its discretion on. the merits exclusively, but based its decision on a question of power or law, an appeal will lie to this court.…
1Opinion of the Court
Church, Ch. J.
It is conceded that the action is referable^ under the statute, and whether it should be referred or not. was discretionary with the court below, and the order is not-therefore appealable to this court. The point insisted upon is that the order was not appealable to the General Term-Section 349 of the Code provides (among other things) that an order is appealable from the Special to the General Term, “ when it involves the merits of the action, or some part thereof, or affects a substantial right.” The question is whether this order affects a substantial right. It is claimed…
2Cases cited2 opinions
- The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
- Howell v. . MillsNew York Court of Appeals · 1873
3Cited by16 opinions
- Cleveland Ry. Co. v. HallidayOhio Supreme Court · 1933
- Clarke v. Nebraska National BankNebraska Supreme Court · 1896
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Maxwell v. CottleNew York Supreme Court · 1893
- Washington National Bank v. MyersSupreme Court of Kansas · 1919
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