Church v. Rhodes
New York Supreme Court
Motion to set aside the report of a referee. This cause was tried in the month of December 1850, before the referee, and the report was made on the 26th of March 1851, on which a judgment was entered on the 12th of April, and notice thereof served on the attorney for the defendant, Rhodes, on the 26th of the same month.
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Motion to set aside the report of a referee. This cause was tried in the month of December 1850, before the referee, and the report was made on the 26th of March 1851, on which a judgment was entered on the 12th of April, and notice thereof served on the attorney for the defendant, Rhodes, on the 26th of the same month. Time was given, and proceedings were stayed from time to time, for the making of a case, and until the report should be settled and the case finally disposed of. On the 26th of April a case was prepared with a view to a rehearing of the cause, and a copy thereof served, and…
1Opinion of the Court
Gridley, Justice.
I have no doubt that proceedings were commenced in good faith, preparatory to a review of the report by a rehearing soon after the entering of the judgment. These *282proceedings, however, were imperfect and inchoate, until long after the statute under which the right to review a report by rehearing was conferred, had ceased to be the law of the land. And the question presented for decision is, whether the defendant, having commenced proceedings to obtain a review of the report, and having lost the right to appeal before the law was changed, may now perfect the proceedings and…
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- Town of Wirt v. Board of Supr'sNew York Supreme Court · 1895
- Anderson v. DickieThe Superior Court of New York City · 1863
- Cole v. MahoneyNew York Court of Common Pleas · 1884