Mitchell v. Village of White Plains
Appellate Division of the Supreme Court of the State of New York
.Appeal by the defendant, The Village of White Flams, from an order of the Supreme Court, made at the. Dutchess Special Term, and entered in the "office of the clerk of the county of Westchester on the 29-th day of June, 1896, appointing a referee to- hear and determine the issues in me action..
1Opinion of the Court
Bradley, J.:
The action was.not referable- in the first instance without the consent of the. parties.. They, by written stipulation, signed by their-attorneys and filed with the clerk, did consent to refer it to Joseph S; Wood, and an order was therein granted and entered accordingly. The trial before such referee resulted in a report and judgment, in favor of the "plaintiff:.. On appeal taken by the defendant, to the General Term the judgment was reversed and a ■ new trial granted. *259In the meantime the original plaintiff had died and the action was continued in the name of the present…
2Cases cited4 opinions
- Maicas v. . LeonyNew York Court of Appeals · 1889
- Wood v. . SwiftNew York Court of Appeals · 1880
- Hustis v. . AldridgeNew York Court of Appeals · 1895
- Catlin v. . Adirondack CompanyNew York Court of Appeals · 1880