Catlin v. . Adirondack Company
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying a motion to set aside a judgment entered upon the report of a referee. (Eeported below, 19 Hun, 389.) The action was referred by stipulation. It was once tried and judgment rendered in favor of plaintiff; the judgment was reversed on appeal and a new trial granted.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying a motion to set aside a judgment entered upon the report of a referee. (Eeported below, 19 Hun, 389.) The action was referred by stipulation. It was once tried and judgment rendered in favor of plaintiff; the judgment was reversed on appeal and a new trial granted. Defendant noticed the case for re-trial before the same referee, and the plaintiff not appearing, the referee dismissed the complaint. The motion was based on the ground that the 'powers of the…
1Per curiam
The reversal of the judgment upon the referee’s report and the granting of a new trial did not of itself vacate the order of reference. It stands unless provision is made to the contrary, or the order is vacated upon motion. This has been decided in numerous cases in the Supreme Court. The practice has been to "construe the order granting a new trial as directing such new trial before the same referee, unless otherwise specially provided. Therefore, even if the powers of the referee were exhausted when he filed his report, they were revived by the order to try the case.
In Develin v. The Mayor…
2Cited by6 opinions
- Simmons v. Westwood Apartments Co.New York Supreme Court · 1965
- Lennon v. SmithNew York Court of Common Pleas · 1892
- Saranac Land Timber Co. v. . RobertsNew York Court of Appeals · 1918
- Mitchell v. Village of White PlainsAppellate Division of the Supreme Court of the State of New York · 1896
- Mitchell v. Village of White PlainsAppellate Division of the Supreme Court of the State of New York · 1896
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