Kennedy v. McKone
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John Kennedy and another, from an order of the Court of Common Pleas for the city and county of New York, made at a Special Term thereof and entered in the office of the clerk of said court on the 28th day of December, 1895, denying their motion for a retaxation of the costs in the action.
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Appeal by the plaintiffs, John Kennedy and another, from an order of the Court of Common Pleas for the city and county of New York, made at a Special Term thereof and entered in the office of the clerk of said court on the 28th day of December, 1895, denying their motion for a retaxation of the costs in the action. The action was tried before a referee, who found that the defendant William Winter was entitled to judgment of foreclosure and sale for any deficiency arising thereon against the defendant Joseph F. McKone.
1Opinion of the Court
Barrett, J.:
The question presented by the motion- which resulted in the order appealed from was decided by the referee. He found all the facts necessary for the decision of the question, and upon those facts he awarded costs in accordance with his conclusions of law. The court at Special Term could not overrule the referee with regard to these any more than with regard to any other of his conclusions. His decision upon all questions presented to him could only be reversed by an appeal from the judgment entered upon his report. The report of a referee appointed to hear and determine the issues…
2Cited by6 opinions
- Paget v. MelcherAppellate Division of the Supreme Court of the State of New York · 1898
- Stevens v. WeissNew York Supreme Court · 1898
- Coates v. Village of NyackAppellate Division of the Supreme Court of the State of New York · 1908
- Paget v. MelcherAppellate Division of the Supreme Court of the State of New York · 1898
- Shrady v. Van KirkAppellate Division of the Supreme Court of the State of New York · 1902
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