Fairweather v. . Burling
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered FTovember 18, 1904, which reversed an order of Special Term granting a motion for a reference. The facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered FTovember 18, 1904, which reversed an order of Special Term granting a motion for a reference. The facts, so far as material, and the questions certified are stated in the opinion. The provision in section 1545 of the Code of Civil Procedure, to wit, “or where a party is an infant,” is a recognition of and preserves the former exclusive chancery jurisdiction over an infant, which has always been exclusive where an infant is a party even to the trial of title, and…
1Opinion of the CourtVann, J.
This is an action of partition in which the sole defendant is an infant, who by her answer put at issue the title and possession of the plaintiff. The defendant moved for a reference, and although the plaintiff objected, the motion was granted and an order made sending the case to a referee to take the proofs and report the facts with his conclusions of law. Upon appeal to the Appellate Division the order was reversed, and on the application of the defendant leave was given .to appeal to this court, and the following questions were certified for our determination: “ 1. Under sections Fifteen…
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- Lewis v. ButtsNew York Supreme Court · 1911
- Morgan v. SmithNew York Supreme Court · 1927