Miller v. Altieri
New York Court of Common Pleas
Appeal from judgment on report of referee.’ Action by Clifford L. Miller and another against Pietro Altieri and others to foreclose a mechanic’s lien. From a judgment for plaintiffs, defendants appeal.
1Per curiam
Upon an appeal from a judgment on the report of a referee, we are solicited to review both the findings of fact and the conclusions of law. Had the referee filed a decision pursuant to chapter 688, Laws 1894, an exception to the decision would have brought before us all questions of fact and of law; but, since he has chosen to state separately the facts found and the conclusions of law, in the revision of the judgment we are controlled by the rules of practice applicable to the actual disposition of the case.
Upon the record no error of law in the conclusions of the referee is presented for…
2Cases cited4 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Ward v. . CraigNew York Court of Appeals · 1882
- Davis v. . AllenNew York Court of Appeals · 1849
- Raabe v. SquierNew York Court of Common Pleas · 1893