Innes v. Purcell
New York Supreme Court
Appeals from two orders, one in the action above entitled, allowing the referee $100 for his services, the other in five other actions between the same parties, denying a motion to remove the same referee from the last-mentioned actions, on account of his charge of $100 in the one first mentioned. Said actions were brought to foreclose mortgages. The referee was appointed to advertise and sell the property pursuant to the directions of the court.
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Appeals from two orders, one in the action above entitled, allowing the referee $100 for his services, the other in five other actions between the same parties, denying a motion to remove the same referee from the last-mentioned actions, on account of his charge of $100 in the one first mentioned. Said actions were brought to foreclose mortgages. The referee was appointed to advertise and sell the property pursuant to the directions of the court. He was appointed in the action first mentioned on the 17th.day of July, 1873. His bill for services in such.action was rendered on or about the 1st…
1Opinion of the CourtDaniels, J.
There seems, to be no reason for dissenting from the disposition made of the motion to dismiss the referee by the special term. No good reason existed for his removal, and the motion on that account was very properly denied. It is not, therefore, necessary to examine the objection made that the order is not appealable.
The other order, making the allowance of the sum of 8100 to the referee appointed to make the sale under the foreclosure judgment, stands upon an entirely different principle, for it charges the owner of the equity of redemption with the payment of a definite sum of money which,…
2Cases cited7 opinions
- Downing v. . MarshallNew York Court of Appeals · 1867
- Meacham v. SternesNew York Court of Chancery · 1842
- The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
- Holmes v. . CarleyNew York Court of Appeals · 1865
- Wagstaff v. LowerreNew York Supreme Court · 1856
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