Merritt v. Merritt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff and by the defendants, Mary Ann Weelts and othersj judgment creditors, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of April, 1891, vacating and setting aside a judgment in their favor, entered in said clerk’s office on the 19th day of March, 1891, upon the report of a referee, and vacating and setting aside said referee?s report.
1Opinion of the Court
Goodrich, P. J.:
This action was commenced in 1819, and shortly after the issue a referee was appointed to.state the accounts between the estate represented by the plaintiff and the estate represented by the defendant. After two or three sessions the trial was virtually abandoned and no proceedings were taken until 1895, when a new order óf reference was made authorizing the referee to hear and determine all issues. The testimony was closed and. the referee signed his ’ report on September 10, 1896, when the parties were informed of that fact and copies of the report were delivered to them.;…
2Cited by1 opinion
- Merritt v. MerrittAppellate Division of the Supreme Court of the State of New York · 1898