Legal Opinion

Hancock v. . Hancock

New York Court of Appeals

Decided December 5, 1860PublishedCited by 2 opinions

Appeal ftom the Supreme Court. Action to foreclose a mortgage, bearing date in October, 1846, given by the defendant, Eobert Hancock and wife to the testator, John Hancock, for the sum of $1,200, payable in one year with interest. One Crawford.

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Appeal ftom the Supreme Court. Action to foreclose a mortgage, bearing date in October, 1846, given by the defendant, Eobert Hancock and wife to the testator, John Hancock, for the sum of $1,200, payable in one year with interest. One Crawford. C. Smith, as treasurer of the county of Kings, was also made a defendant, as the holder of a prior mortgage upon the samé premiseá. ■ . Before the trial, Smith had been succeeded in the office of treasurer by one Seabury; but the latter did not appear to have been substituted as a defendant. It was proved before the referee who tried the cause, and he…

1Opinion of the Court

Comstock, Ch. J.

I do not see any considerable merit in any of the questions raised upon this appeal. They will be mentioned, however, in their order.

1. The Code of Procedure provides that, when a case is wholly referred for trial and decision, “ the report of the referee shall stand as the decision of the court ” (§ 272); and on this ground it is claimed that the Supreme Court, at special term, had no authority to enter the judgment now in question; The practice of entering judgment in such cases in form, as though pronounced by the court, before one of its justices, has been uniform under…

2Cited by2 opinions

  1. Lemon v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
  2. Ferris v. HardThe Superior Court of New York City · 1888

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