Wait v. Van Demark
New York Supreme Court
This action, which arose out of a claim against the estate of the defendant’s testator, was" referred to Hon. George G. Scott and tried by him, but before the cause was summed up, Judge Scott died without having disposed of the same. A motion was made to refer the matter to another referee,, which motion was granted and an order thereon entered referring it to Walter L. Vandenburgh, from which order defendants appeal.
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This action, which arose out of a claim against the estate of the defendant’s testator, was" referred to Hon. George G. Scott and tried by him, but before the cause was summed up, Judge Scott died without having disposed of the same. A motion was made to refer the matter to another referee,, which motion was granted and an order thereon entered referring it to Walter L. Vandenburgh, from which order defendants appeal. The defendants claim that the original order of reference was void, and that the last one is no1 better, and that the court never acquired jurisdiction of the parties or the…
1Per curiam
The order of Judge Bockes denying the motion to vacate the order of reference was not appealed from and therefore stands as the law of the case.
So standing, it follows that the order appealed from must be affirmed, with ten dollars costs, and printing disbursements.
The following is the opinion at special term:
(Special Term, Saratoga County, Filed December, 1885.)
This is a motion by the above-named executors to vacate' and set aside an- order granted May 1, 1878, referring the claim of the above-named plaintiff against the estate of Sylvester Van Demark, deceased, and rejected by said…
2Cases cited12 opinions
- Stuyvesant v. HallNew York Court of Chancery · 1847
- Murray v. BlatchfordCourt for the Trial of Impeachments and Correction of Errors · 1828
- Jackson ex dem. Jenkins v. RobinsonNew York Supreme Court · 1830
- Wood v. . TunnicliffNew York Court of Appeals · 1878
- Douglass v. SatterleeNew York Supreme Court · 1814
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