Tilman v. Keane
New York Supreme Court
I. Motion for an order requiring the referee to make a further report. This action was brought by Leopold Tilman against Maria J. ICeane, for a money demand on contract.
Read the full summary
I. Motion for an order requiring the referee to make a further report. This action was brought by Leopold Tilman against Maria J. ICeane, for a money demand on contract. It was commenced December 1, 1862. The plaintiff, in his summons and complaint, demanded judgment for $1,741 11, with interest from 1st September, 1862. On the 13th December, 1862, the defendant appeared in the action, and served an offer to allow judgment to be entered against her for $984 94, with interest from September 1st, 1862, besides costs, under section 385 of the Code. The offer not having been accepted, the…
1Opinion of the CourtIngraham, P. J.
The referee should state the findings of fact and conclusion of law in his report. It would deprive the party of his right to except, if the judgment was to be entered before the findings of the referee are made public. The law requires him to except within ten days after judgment is en*25tered. notice served, If the findings are not inserted in the report, and judgment is entered without them, the plaintiff might, by giving notice of the judgment and delaying the action of the referee, deprive the other party of their power of excepting within the ten days. (28 Barb., 462.) The 32d rule…
2Cases cited5 opinions
- Schneider v. JacobiThe Superior Court of New York City · 1853
- Kilts v. SeeberNew York Supreme Court · 1854
- Budd v. JacksonNew York Supreme Court · 1863
- Roberts v. CarterNew York Supreme Court · 1858
- Burnett v. WestfallNew York Supreme Court · 1857