Cassidy v. McFarland
New York Court of Common Pleas
Appeal from special term. Action by Patrick Cassidy and I. Eichard Adler against Joseph McFarland and others to foreclose a mechanic’s lien. From an order by the court on its own motion, sending the case to a sole referee for trial, defendants McFarland, owner, and Frederick AFood, contractor, appeal. Affirmed.
1Opinion of the CourtDaly, C. J.
The order appealed from recites substantially that, the cause coming on for trial regularly in due course, upon reading the complaint and answers of the defendants Wood, Snape, McFarland, Orlofski, and Comet, and the reply of the plaintiffs, and it appearing therefrom to the satisfaction of the court that the trial of the action will involve the examination of a long account, and that no difficult questions of law will arise on the trial, the court, upon its own motion, refers the action to a sole referee, to hear, try, and determine the issues raised by the pleadings. The Code expressly…
2Cases cited6 opinions
- Welsh v. . DarraghNew York Court of Appeals · 1873
- Dewey v. FieldNew York Supreme Court · 1856
- Kingsley v. City of BrooklynNew York City Court · 1876
- Ubsdell v. RootNew York Court of Common Pleas · 1856
- Barber v. CromwellNew York Supreme Court · 1855
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