Devlin v. Mayor of New York
New York Court of Common Pleas
Appeal by the defendant, the corporation of the city •of New York, from an order of this court made by Judge Joseph F. Daly at special term, denying a motion to remove William H. Leonard, Esq., as referee, and vacate the ■order of reference to him.
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Appeal by the defendant, the corporation of the city •of New York, from an order of this court made by Judge Joseph F. Daly at special term, denying a motion to remove William H. Leonard, Esq., as referee, and vacate the ■order of reference to him. The facts appearing on the motion are shown in the following extract from the opinion delivered on denying the motion : “ This cause has been at issue in this court several years ; it was referred in 1865, tried, and a decision rendered in favor of plaintiff. The judgment entered on that decision was reversed by the general term of this court, and…
1Opinion of the Court
By the court*
The statute has fixed the amount of the referee’s fees, unless the parties agree to pay a larger sum. They did not agree in this case. The counsel for the corporation refused to assent to any agreement for the payment of more than the statutory fees. The only cour.se then for the referee was to proceed with the reference at the statutory rate of compensation, or to decline to act. This was not his decision. He decided that he would try the case; and after it was submitted, and his decision prepared that he would *471notify the prevailing party, “ when he should expect to charge the…
2Cited by4 opinions
- Goldberger v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1893
- State ex rel. Wright v. McQuillinSupreme Court of Missouri · 1913
- Goldberger v. Manhattan Railway Co.The Superior Court of New York City · 1893
- Polina M. v. Robert M.New York City Family Court · 2009