Juliand v. Grant
New York Supreme Court
Motion by plaintiff to set aside or vacate an order made at a special term of tMs court in March, 1867, referring the case back to the referee, before whom the action was tried, to amend Ms report in a particular manner specified in the order or otherwise, as he might tMnk correct, and staying all proceedings in the action on the part of the plaintiff until the referee should amend his report, and giving the defendant thirty days after service of a copy of the amended…
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Motion by plaintiff to set aside or vacate an order made at a special term of tMs court in March, 1867, referring the case back to the referee, before whom the action was tried, to amend Ms report in a particular manner specified in the order or otherwise, as he might tMnk correct, and staying all proceedings in the action on the part of the plaintiff until the referee should amend his report, and giving the defendant thirty days after service of a copy of the amended report, to make a case and exceptions, and staying all proceedings on the judgment entered in favor of the plaintiff on the…
1Opinion of the CourtBalcom, J.
The judgment in favor of the plaintiff was. regularly entered on a report of the referee, which upon its face, is sufficient to uphold the judgment. The defendant appealed from the judgment to the general term of this court; and in preparing his case for the appeal, he deemed it expedient or necessary that the referee should amend his report, and find other facts not contained in it. He obtained an order that the referee amend his report in a particular manner specified,' or otherwise, as he might think correct. Before this order was served upon the referee he died. The plaintiff now seeks…
2Cited by2 opinions
- Knowlton v. Congress & Empire Spring Co.U.S. Circuit Court for the District of Eastern New York · 1875
- McMahon v. RowleyIllinois Supreme Court · 1908