Heerdegen v. Loreck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Rudolph Loreclt, as executor, etc., of Alexander E. Schnee, deceased, from so much of an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 14th day of September, 1896, as provides that upon a reference the testimony taken before a former referee should stand and be considered in like manner and form as though such testimony had been originally had and taken before the…
Read the full summary
Appeal by the defendant, Rudolph Loreclt, as executor, etc., of Alexander E. Schnee, deceased, from so much of an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 14th day of September, 1896, as provides that upon a reference the testimony taken before a former referee should stand and be considered in like manner and form as though such testimony had been originally had and taken before the referee appointed in said order.
1Opinion of the Court
Pee Curiam :
It was not within the power of the court, in appointing a new referee to hear and determine the cause, to annex any condition that would compel that referee to decide the issues upon testimony taken before, or rulings made by, another referee. The reference was a compulsory one, and upon the original referee becoming disqualified to act by reason of his election to. the Supreme Court bench, all proceedings upon the trial before him necessarily ended. The substitution of another referee was required, the case in its nature being such as demanded that method of trial. The case stood…
2Cases cited1 opinion
- Roberts v. . WhiteNew York Court of Appeals · 1878
3Cited by5 opinions
- Henry A. Knott Co. v. Chesapeake & Potomac Telephone Co.Court of Appeals for the Fourth Circuit · 1985
- Henry A. Knott Company v. The Chesapeake And Potomac Telephone Company Of West VirginiaCourt of Appeals for the Fourth Circuit · 1985
- In re the Judicial Settlement of the Account of NestellNew York Surrogate's Court · 1911
- Model v. ModelDistrict Court of Appeal of Florida · 1985
- Smith v. . State of New YorkNew York Court of Appeals · 1915