Doremus v. Doremus
New York Supreme Court
Appeal from special term, Hew York county. Action by Charles C. Doremus against Arieanna M. Doremus, individually and as executrix of the will of P. C. Doremus, deceased, and others, for partition.
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Appeal from special term, Hew York county. Action by Charles C. Doremus against Arieanna M. Doremus, individually and as executrix of the will of P. C. Doremus, deceased, and others, for partition. An order was entered that the cause be referred to William' H. Willis, Esq., to take testimony, and report to the court with his opinion as .to the rights of the several persons interested in having liens upon or claiming any part of the proceeds of the sale of the premises which had been deposited with the city chamber. From an order confirming the report of the referee’s award -to Messrs. Bliss &…
1Per curiam
The reference in this case was not to hear and determine, but to take the evidence, and report it to the court, with the opinion of the referee thereon. Exceptions to such a report are unavailing, as exceptions can be taken only to the determination of some court or officer having power to decide the question the decision of which is challenged. Under this reference it was the duty of the court to determine the facts and the law, and, if the. determination was unsatisfactory to either party, exceptions should have been filed to its decision. None having been filed and served, the record…
2Cases cited1 opinion
- Attorney-General v. Continental Life InsuranceNew York Supreme Court · 1882
3Cited by5 opinions
- Winfield v. StacomAppellate Division of the Supreme Court of the State of New York · 1899
- Brantingham v. HuffAppellate Division of the Supreme Court of the State of New York · 1901
- In re LocklinNew York Supreme Court · 1899
- In re the Voluntary Dissolution of the Buffalo Ice Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Rosenfield v. RosenfieldAppellate Division of the Supreme Court of the State of New York · 1947