Malone v. . Saints Peter and Paul's Church
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in tlie second judicial department, entered March 11, 1902, which reversed an order of Special Term referring the issues in the action to a referee to hear and determine the same. The nature of the action, the question certified and the facts, so far as material, are stated in the opinions.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in tlie second judicial department, entered March 11, 1902, which reversed an order of Special Term referring the issues in the action to a referee to hear and determine the same. The nature of the action, the question certified and the facts, so far as material, are stated in the opinions. The distinction between cases where the right to trial by jury existed and ivas preserved “inviolate forever,” and cases where it was not so preserved, is a distinction depending on the nature of the case and not upon its…
1Opinion of the CourtHaight, J.
The question certified to this court by the Appellate Division is as follows: “ Has the court in a suit upon a common-law cause of action, brought by an administrator, jurisdiction to order a reference of all the issues in the action to a referee to hear and determine the same when the administrator opposes the granting of such order and demands a trial by jury ? ” The court in this case ordered a reference upon the ground that the trial would involve the examination of a long account. Did the court have jurisdiction to make such an order ?
In order to answer the question certified, it becomes…
2Cases cited2 opinions
- Brick's EstateNew York Surrogate's Court · 1862
- Kelly v. KellyNew York Supreme Court · 1848
3Cited by15 opinions
- Matter of Metz v. . MaddoxNew York Court of Appeals · 1907
- In re the Estate of JamesNew York Surrogate's Court · 1940
- In re the Estate of BeareNew York Surrogate's Court · 1924
- In re the Estate of Van ValkenburghNew York Surrogate's Court · 1927
- In re GurlandAppellate Division of the Supreme Court of the State of New York · 1955
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