Geib v. . Topping
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Buffalo, made June 14, 1880, affirming an order of Special Term. Said order was granted on motion of a referee appointed in this action, and directed the plaintiff to take up said referee’s report, and pay to him his fees within twenty days, etc. A notice pursuant to the Code of Procedure, if no stipulation of waiver is entered into, is all that is required to end a reference.
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Appeal from order of the General Term of the Superior Court of the city of Buffalo, made June 14, 1880, affirming an order of Special Term. Said order was granted on motion of a referee appointed in this action, and directed the plaintiff to take up said referee’s report, and pay to him his fees within twenty days, etc. A notice pursuant to the Code of Procedure, if no stipulation of waiver is entered into, is all that is required to end a reference. (Ballou v. Parsons, 55 N. Y. 673.) The referee forfeits his fees if he fails to deliver his report within sixty days from the time the action is…
1Opinion of the CourtRapallo, J.
We are of opinion that the court below had no power to make the order requiring the plaintiff to pay the referee’s fees and take up the report. We find no authority holding that, on a summary application made by a person not a party to the action, the court can order one of the parties to pay him a sum of money for services rendered in the action. The only authority cited by the appellant is Fischer v. Raab (56 How. Pr. 218, and 58 id. 221). In that case it was one of the terms of the order granting the reference, assented to by the party applying for it, that in a certain event he should pay…
2Cases cited4 opinions
- Adams v. HopkinsNew York Supreme Court · 1810
- Judson v. . GrayNew York Court of Appeals · 1854
- Fischer v. RaabNew York Court of Common Pleas · 1878
- Perkins v. TaylorThe Superior Court of New York City · 1863
3Cited by21 opinions
- Little v. . LynchNew York Court of Appeals · 1885
- State ex rel. Springmeyer v. BakerNevada Supreme Court · 1912
- Attorney-General v. . Continental Life Ins. Co.New York Court of Appeals · 1883
- Nealis v. MeyerAppellate Terms of the Supreme Court of New York · 1897
- Trail v. SomervilleMissouri Court of Appeals · 1886
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