Catlin v. Cole
New York Supreme Court
Motion to refer back the cause for a resettlement of the case and exceptions. In this case, on an appeal to the general term, after a trial by a referee, the court ordered that the facts found by the general term be annexed to the judgment-roll. On appeal from the general term to the Court of Appeals, the appellants moved in the latter court that they have leave to apply to the Supreme Court for a resettlement of the case.
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Motion to refer back the cause for a resettlement of the case and exceptions. In this case, on an appeal to the general term, after a trial by a referee, the court ordered that the facts found by the general term be annexed to the judgment-roll. On appeal from the general term to the Court of Appeals, the appellants moved in the latter court that they have leave to apply to the Supreme Court for a resettlement of the case. The order made on this motion recited that it was the opinion of this court that if the case needs any resettlement, it should be done by and before the referee who tried…
1Opinion of the CourtBrown, J.
—The order made by the Court of Appeals on the 6th of January, 1860, which appears to have been granted in *389the absence of the respondent, does not direct that the case in this action be resettled. If it needs to be resettled, it directs it shall be done by the referee who tried the action, but expresses no opinion upon the question whether the case, as already settled by the referee, does or does not conform to the law and practice of the courts.
If rule 38 of this court, to which I am referred, applies to a case heard at the general term, and decided upon the facts and the law found by the…
2Cited by3 opinions
- O'Gorman v. KamakNew York Court of Common Pleas · 1875
- Clendenning v. LindnerThe Superior Court of New York City · 1895
- Clendenning v. LindnerThe Superior Court of the City of New York and Buffalo · 1895