Bonneford v. De Russy
New York Supreme Court
Appeal from judgment on the report of referee. Action by Francis Bonneford against Emma H. De Russy, impleaded with others. From a judgment in favor of plaintiff , for §2,708.23 and costs, defendant De Russy appeals. Remanded for settlement of case.
1Opinion of the CourtMerwin, J.
The papers in this case include what purport to be a case and exceptions. There is, however, nothing to show that the case and exceptions were ever settled by the referee, as required by section 997 of the Code, or ordered to be filed, as required by rule 35. There is a stipulation over the names of the attorneys for the respective parties stating that “certification of the above and foregoing case and exceptions is hereby waived, and it is consented that the same be filed.” This does not cure. the defect. The provision that the casé should be settled by the judge or referee who tried the…
2Cases cited2 opinions
- Dwight v. Elmira, Cortland & Northern RailroadNew York Supreme Court · 1890
- Reese v. . BoeseNew York Court of Appeals · 1883
3Cited by1 opinion
- Gregory v. ClarkAppellate Division of the Supreme Court of the State of New York · 1900