Schultheis v. McInerny
New York Supreme Court
Appeal from special term, New York county. . Action by Christian H. Schultheis against Thomas McInerny and others. The only defendants who appeared in the action were the Lorillard Brick-Works Company, Georgiana F. Webster, and William B. Albertson. On trial of the action before a referee the plaintiff and the defendants named each proposed separate findings of fact and conclusions of law, and submitted them to the referee.
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Appeal from special term, New York county. . Action by Christian H. Schultheis against Thomas McInerny and others. The only defendants who appeared in the action were the Lorillard Brick-Works Company, Georgiana F. Webster, and William B. Albertson. On trial of the action before a referee the plaintiff and the defendants named each proposed separate findings of fact and conclusions of law, and submitted them to the referee. He marked on the margin the disposition by him of each proposition, and returned the proposed findings to the attorneys of the respective parties, and made a report which…
1Opinion of the CourtVan Brunt, P. J.
It is conceded upon the papers submitted upon this appeal that the referee did not include in his report all the facts found by him. This clearly made his report irregular, because by section 1022 of the Code it is provided that the decision of the court or the report of the referee upon the trial of the whole issue of fact must set out the facts found and the conclusions of law. This is an express direction that the facts found must be set out in the decision or report, and the reason for this is. apparent, because an appeal may be taken, and such appeal founded upon errors contained in the…
2Cited by9 opinions
- Fairman v. BrushNew York Supreme Court · 1891
- Livingston v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1891
- Elterman v. HymanAppellate Division of the Supreme Court of the State of New York · 1907
- Craig v. CraigNew York Supreme Court · 1892
- Hudson & Manhattan Railroad v. JacksonAppellate Division of the Supreme Court of the State of New York · 1906
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