Union Bag & Paper Co. v. Allen Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Allen Brothers Company and others, from an order of the Supreme Oourt, made at the Saratoga Special Term and entered in the office of the clerk of the county of Washington on the 1st day of February, 1904. The order appealed from vacates the judgment herein and directs a reference to the referee who tried the case “ to settle and approve some form of judgment' to be entered in this action in accordance with the referee’s report and findings made…
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Appeal by the defendants, Allen Brothers Company and others, from an order of the Supreme Oourt, made at the Saratoga Special Term and entered in the office of the clerk of the county of Washington on the 1st day of February, 1904. The order appealed from vacates the judgment herein and directs a reference to the referee who tried the case “ to settle and approve some form of judgment' to be entered in this action in accordance with the referee’s report and findings made herein, * * * and that he report the same to this court with his recommendations thereon.” The action was in equity and was…
1Opinion of the Court
Chester, J.:
The referee having made and delivered his decision or report, his functions and power with reference' to the case were ended, and neither the referee nor the Special Term had any power to alter or change the decision in any matter of substance. (Heath v. N. Y. B. L. B. Co., 146 N. Y. 260; Kennedy v. McKone, No. 2, 10 App. Div. 97.) Neither had the referee in such a case any power to settle a decree. That duty rested upon'the court at Special Term, whose power in so settling it Was confined to making the decree conform to the decision as made.
The learned justice at Special Term…
2Cases cited3 opinions
- Heath v. New York Building Loan Banking Co.New York Court of Appeals · 1895
- Kennedy v. McKoneAppellate Division of the Supreme Court of the State of New York · 1896
- Oliver v. FrenchNew York Supreme Court · 1894