Maxwell v. Cottle
New York Supreme Court
Appeal from circuit court, Erie county. Action by Helen L. Maxwell, as administratrix with the will annexed of Joshua Maxwell, deceased, against Octavius O. 'Cattle. From an order denying a motion for a new trial on the minutes, and from an order denying a motion for a reference of the issues, defendant appeals.
1Opinion of the CourtLewis, J.
The order denying the motion for a reference should be affirmed. The account of the defendant consisted of items for services and disbursements as attorney for Joshua Maxwell, deceased, in several actions and in other matters. The account was not of the character contemplated by section 1013 of the Code of Civil Procedure. The granting of the order for a reference was a matter for the exercise of the discretion of the court. Martin v. Hotel Co., 70 N. Y. 101; Godfrey v. Insurance Co., 12 Abb. Pr. (N. Y.) 250.
The serious question in the case arises upon the rulings of the court under the…
2Cases cited4 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Martin v. . Windsor Hotel Co.New York Court of Appeals · 1877
- Griffith's EstateSupreme Court of Pennsylvania · 1892
- Hulbert v. ClarkNew York Supreme Court · 1890
3Cited by8 opinions
- In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Estate of McCormickNew York Surrogate's Court · 1938
- In re Edward Ney Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Mathot v. TriebelAppellate Division of the Supreme Court of the State of New York · 1904
- McKibbel v. NafisNew York Supreme Court · 1894
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