Whalen v. Board of Supervisors of Albany
New York Supreme Court
Harris, Parker and Watson* Justices. This was an appeal from an order of Justice Wright at the Albany special term, held in May 1850. The cause was referred by a written stipulation of the parties in January 1850, to a referee, “ to hear and report thereon.” The referee on the hearing decided that the complaint did not state facts sufficient to constitute a cause of action, and reported that nothing was due the plaintiff. Judgment was entered by defendants on the report.
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Harris, Parker and Watson* Justices. This was an appeal from an order of Justice Wright at the Albany special term, held in May 1850. The cause was referred by a written stipulation of the parties in January 1850, to a referee, “ to hear and report thereon.” The referee on the hearing decided that the complaint did not state facts sufficient to constitute a cause of action, and reported that nothing was due the plaintiff. Judgment was entered by defendants on the report. The plaintiff moved to set aside the judgment for irregularity, on the ground that the referee had not been sworn in the…
1Opinion of the Court
By the Court, Harris, Justice.
The only question in this ease is whether the defects specified are sufficient to warrant us in setting aside the judgment. These defects, such as they were, were waived by the plaintiff appearing before the referee and arguing the cause without any objection. Besides, we think, the stipulation by its terms was sufficient to confer jurisdiction upon the referee, and we should feel bound, even now, to order *279a rule of reference to be entered upon it nunc fro tunc. The decision of the judge below must be affirmed in this and the four other causes depending on the…
2Cited by2 opinions
- Nason v. LudingtonNew York Court of Common Pleas · 1878
- Chatfield v. HewlettNew York Surrogate's Court · 1882