Burt v. Oneida Community, Ltd.
New York Supreme Court
Appeal from-special term, Oneida county. Action by Charles A. Burt against Oneida Community, Limited, and others. Upon the hearing before the referee a stipulation was entered in his minutes to the effect that the referee might fix his own fees; and thereafter a stipulation was signed by the parties in the following language: “It is hereby stipulated that the referee in this action may fix the amount of his fees without regard to the provisions of the statute.
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Appeal from-special term, Oneida county. Action by Charles A. Burt against Oneida Community, Limited, and others. Upon the hearing before the referee a stipulation was entered in his minutes to the effect that the referee might fix his own fees; and thereafter a stipulation was signed by the parties in the following language: “It is hereby stipulated that the referee in this action may fix the amount of his fees without regard to the provisions of the statute. Dated July 10th, 1889.” This stipulation was signed by the parties to the action, and also by their attorneys. The trial was a long…
1Dissent
Martin, J.,
(dissenting.) Appeal from an order affirming the taxation of costs by the clerk of Madison county, which included the sum of $500 for referee’s fees. The question on this appeal relates only to that item. There was a stipulation in this case, signed by the parties and their attorneys, that the referee might fix the amount of his fees without regard to the provisions of the statute. On the taxation before the clerk there was no proof showing the number of days the referee was engaged in the trial of the case, or in, the examination of it. Where opposition is made on taxation of…
2Cases cited4 opinions
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- First National Bank v. . TamajoNew York Court of Appeals · 1879
- Watson v. . GardinerNew York Court of Appeals · 1872
- Shultz v. WhitneyNew York Court of Common Pleas · 1859