Roberts v. . White
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of JSTew York, affirming an order of Special Term, referring it to a referee to ascertain the damages sustained by defendants by reason of a temporary injunction, and also affirming an order of Special Term confirming the report of the referee assessing such damages.
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Appeal from order of the General Term of the Superior Court of the city of JSTew York, affirming an order of Special Term, referring it to a referee to ascertain the damages sustained by defendants by reason of a temporary injunction, and also affirming an order of Special Term confirming the report of the referee assessing such damages. (Reported, below, 11 J. &. S., 455.) This action was brought to determine the title of the parties to a wall, between adjoining buildings, which plaintiff claimed to be a party wall, and to restrain defendant from tearing down the same. » The complaint…
1Opinion of the CourtAllen, J.
The first order of reference was technically irregular; as the judgment dismissing the complaint and adjudging that the plaintiff was not entitled to the order of injunction, and that the defendants were entitled to a reference to ascertain the damages they had sustained by reason of such injunction, and to a judgment against the plaintiff for such damages, although pronounced and ordered, had not been in form enrolled and entered. (Code, § 222.) But it was a mere irregularity which might have been waived by the plaintiff, and had he permitted the referee to proceed to a final report without…
2Cases cited2 opinions
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Lawton v. . GreenNew York Court of Appeals · 1876
3Cited by19 opinions
- Corning v. Iowa-Nebraska Light & Power Co.Supreme Court of Iowa · 1938
- Byrnes v. MetzWisconsin Supreme Court · 1972
- O'connor v. New York & Yonkers Land Improvement Co.New York Court of Common Pleas · 1894
- Southern Railway Co. v. PardueTennessee Supreme Court · 1910
- Stone v. Hunter Tract Improvement Co.Washington Supreme Court · 1912
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