Kelly v. Charlier
New York Supreme Court
Motions by defendant to confirm referee’s report, arid vacate temporary injunction; and motion by plaintiff to continue the injunction pendente lite. This action was brought by Eugene Kelly against Elie Charlicr to restrain the removal of certain property from a school building, known as the Charlicr Institute. The defendant offered for sale, at public auction, certain real estate, including the school building.
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Motions by defendant to confirm referee’s report, arid vacate temporary injunction; and motion by plaintiff to continue the injunction pendente lite. This action was brought by Eugene Kelly against Elie Charlicr to restrain the removal of certain property from a school building, known as the Charlicr Institute. The defendant offered for sale, at public auction, certain real estate, including the school building. The plaintiff became the purchaser, and a dispute having arisen as to whether the plaintiff was entitled to certain fixtures, he commenced this action, and obtained a temporary…
1Opinion of the CourtAndrews, J.
Section 1015 of the Code authorizes the court to direct a reference, to determine and report upon a question of fact arising in any stage of the action, upon a motion or otherwise, except upon the pleadings. The referee in this case has not only reported upon the questions of fact, but also upon questions of law, although said section, under which I suppose the reference was ordered, does not seem to authorize a reference to obtain the opinion of a referee upon questions of law arising on a motion. Nor do I find any authority in the Code, or rules of court, for the filing of exceptions to a…
2Cases cited10 opinions
- Carson v. HyattSupreme Court of the United States · 1886
- City of Memphis v. BrownSupreme Court of the United States · 1874
- Peck v. . VandemarkNew York Court of Appeals · 1885
- Flagg v. MungerNew York Supreme Court · 1848
- Bowman v. SheldonThe Superior Court of New York City · 1852
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3Cited by1 opinion
- Ward v. WardThe Superior Court of New York City · 1892