Waldo v. Schmidt

After a trial at Special Term an interlocutory judgment was entered, from which an 'appeal was taken to the Appellate Division and affirmed. The interlocutory judgment named a referee to take and re-state the account between the parties and to report the evidence with his conclusions to the court. The parties submitted their evidence to the referee, who made his report, which was confirmed and final judgment entered. The defendants thereupon perfected an appeal from the final judgment and within due time served a proposed case on appeal, which was retained by the plaintiffs, who now move to…