Steger v. Orth
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action at law by Mountford S. Orth against Edward D. Steger and others. Judgment for plaintiff, and defendants bring error.
1Opinion of the Court
HOUGH, Circuit Judge.
A motion to dismiss the writ or affirm the judgment must be disposed of before considering the merits. The substance of argument is that,.owing to procedural defects, we are without power to do more than grant the motion.
[1] The action is at law, and as soon as issue was joined the case was referred to a referee “to hear and determine,” by an order duly entered in the court below on the written consent of the parties. This method of trial needs no explanation to a practitioner under the New York Code of Civil Procedure. . Plaintiff below (defendant in error) prevailed…
2Cases cited13 opinions
- Homer Ramsdell Transportation Co. v. La Compagnie Générale TransatlantiqueSupreme Court of the United States · 1901
- David Lupton's Sons Co. v. Automobile Club of AmericaSupreme Court of the United States · 1912
- Newcomb v. WoodSupreme Court of the United States · 1878
- Boogher v. Insurance Co.Supreme Court of the United States · 1880
- Philadelphia Casualty Co. v. FechheimerCourt of Appeals for the Sixth Circuit · 1915
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re Kellett Aircraft Corp.Court of Appeals for the Third Circuit · 1950
- City of Cleveland v. Walsh Construction Co.Court of Appeals for the Sixth Circuit · 1922
- Sick v. City of BuffaloCourt of Appeals for the Second Circuit · 1978
- Thompson-Starrett Co. v. La Belle Iron WorksCourt of Appeals for the Second Circuit · 1927
- American Surety Co. of New York v. FranciscusCourt of Appeals for the Eighth Circuit · 1942
12 more not listed; retrieve them via the Exa API.