Rowlands v. Young Men's Christian Ass'n
New York Supreme Court
Motion to vacate judgment entered upon the purported report of a referee, upon the ground that the latter was insufficient under section 1022 of the Code, and, therefore, the judgment' entered thereon is irregular.
1Opinion of the CourtHiscock, J.
February 24, 1899, an order was made referring this case to H. L. Gates, Esq., to hear, try and determine. Evidence was offered and taken in behalf of each side, and upon September 11, 1899, the case was summed up and submitted to the referee. A motion to dismiss the complaint had been made upon the opening of plaintiff’s attorney, which was denied, and no other motion to dismiss the complaint or for a nonsuit was made. The time of the referee to report was extended by stipulation so as to include April 11, 1900. Upon said latter day, the said referee made and delivered to- defendant’s…
2Cases cited3 opinions
- Reynolds v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Petrie v. Trustees of Hamilton CollegeNew York Supreme Court · 1895
- Lopez v. Merchants & Farmer's National BankAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Sigmund v. SigmundAppellate Division of the Supreme Court of the State of New York · 1931