Gormerly v. . McGlynn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made November 22, 1880, which affirmed an order of Special Term denying a motion on the part of plaintiff, that the case herein be sent hack to the referee for the purpose of resettling the same. Upon settlement of the case defendants’ counsel requested and the referee made a number of additional findings of fact.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made November 22, 1880, which affirmed an order of Special Term denying a motion on the part of plaintiff, that the case herein be sent hack to the referee for the purpose of resettling the same. Upon settlement of the case defendants’ counsel requested and the referee made a number of additional findings of fact. The new Code does not change the former practice of obtaining findings of fact in the settlement of a case when the action is tried before a judge or referee. (Code of Civil Procedure, §…
1Opinion of the CourtFinch, J.
This appeal presents for our decision the question whether section 1023 of the Code of Civil Procedure is inconsistent with rule 32 of the Buies of the Supreme Court, as it stood prior to the amendment made at the last meeting of the justices of that court. The rule permitted a party, after the report of a referee or the decision of a court, upon the settlement of a case, to present proposed findings of fact, and the justice or referee was thereupon required to pass upon such questions of fact so presented by either party as should be material to the issue. The practice under this rule, in…
2Cases cited2 opinions
- Rogers v. . WheelerNew York Court of Appeals · 1873
- French v. . PowersNew York Court of Appeals · 1880
3Cited by19 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. WithrowSupreme Court of Missouri · 1896
- Smith v. Guckenheimer & SonsSupreme Court of Florida · 1900
- McDonald v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1948
- Lambert v. LambertNew York Court of Appeals · 1936
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