Tillman v. New York Life Insurance

An application made on behalf of the appellant for resettlement requested that the order granted upon the respondent’s motion be so resettled as to include an affidavit of appellant’s manager in opposition to the motion and to exclude from the order the transcript of the testimony and exhibits which were the record before the referee, because such testimony and exhibits were not before the court.

We find from the affidavits and from the nature of the motion that the testimony taken before the referee and the exhibits thereto annexed, which were filed in the office of the clerk of the county of…