Maicas v. Leony
City of New York Municipal Court
Appeal from- an order of the general term of the first department, affirming an order of the special term, denying a motion to appoint a referee, and also an appeal from an order of the same court, affirming an order of the special term, setting aside a referee’s report and vacating an interlocutory judgment entered upon the report.
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Appeal from- an order of the general term of the first department, affirming an order of the special term, denying a motion to appoint a referee, and also an appeal from an order of the same court, affirming an order of the special term, setting aside a referee’s report and vacating an interlocutory judgment entered upon the report. This was an action brought by Anthony E. Maicas against Leon Leony for a dissolution of a co-partnership existing between them, and for an accounting. The facts appear fully in the report of- this case below, on page 1 of this volume.
1Opinion of the CourtEarl, J.
What is called the report of the referee in this case is quite informal and incomplete. It does not contain separate findings of law and of fact, as required by the Code (§ 1022); and such findings as are contained therein are so commingled with what appears to be the opinion of the referee, that it is difficult in some respects to distinguish the one from the other. It was, therefore, within the power of the supreme court to set aside the report and the interlocutory judgment which was entered ex parte thereon. Whether it would set them aside, was a matter of practice resting in its…
2Cases cited54 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Burr v. . BeersNew York Court of Appeals · 1861
- Gage v. LewisIllinois Supreme Court · 1873
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Murtha v. . CurleyNew York Court of Appeals · 1882
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3Cited by1 opinion
- Wright v. ChapinNew York Supreme Court · 1895