Craig v. Craig
New York Supreme Court
Appeal from special term, New York county. ' . Action by John Craig against Maria Linden, sued as Maria Craig. On a reference the complaint was dismissed without costs, and from an order, recommitting to the referee his report, for the purpose of hearing argument of counsel on the question of costs,'plaintiff appeals. Reversed.
1Opinion of the CourtBarrett, J.
This case differs from Fairman v. Brush, (Sup.) 15 N. Y. Supp. 44, and Schultheis v. McInerny, (Sup.) 13 N. Y. Supp. 684, in the fact that here the .referee-has. decided the question sought to be reconsidéred, and the object of recommitting the report, is to induce him to change his decision. ■ In Fairman v. Brush we ;held,; following Schultheis v. Mclnerny, that the court had power to require a referee to make his findings sufficiently definite to raise .the question presented upon the appeal. But this was all we decided. We did not question the well-settled rule that a referee had no power…
2Cases cited6 opinions
- Little v. . LynchNew York Court of Appeals · 1885
- Schultheis v. McInernyNew York Supreme Court · 1891
- Ayrault v. SackettNew York Supreme Court · 1858
- Fairman v. BrushNew York Supreme Court · 1891
- Kissam v. HamiltonNew York Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re Writ of Habeas Corpus in behalf of SchantzNorth Dakota Supreme Court · 1913
- Clark v. PembertonAppellate Division of the Supreme Court of the State of New York · 1901
- Decker v. O'BrienNew York Court of Common Pleas · 1895