Dryer v. Brown
New York Supreme Court
Appeal from an order made at the Herkimer special term. A disputed claim against an estate was referred under the statute.
Read the full summary
Appeal from an order made at the Herkimer special term. A disputed claim against an estate was referred under the statute. The attorneys entered into a stipulation that the claimant should serve a complaint, and the defendant an answer in the same manner and subject to the same rules of law as though the action was pending upon service of summons in the supreme court, and that the issues generally should be submitted to a referee, and the cause tried thereon and thereunder with the same force and effect as though the action were pending in the supreme court, except the subject of costs. The…
1Opinion of the CourtHardin, P. J.
At our April term in 1889 we reversed the judgment and orders, and in the language of the order of reversal are the following words : “ A new trial is hereby ordered before another referee, and the present reference to Hon. Theodore W. Dwight, referee, if vacated with costs to abide the event of the above entitled matter.” That order seems to have been filed in the clerk’s office of Oneida county on the 31st day of May, 1889. Thereafter the defendant gave notice of a motion for leave to amend his answer so as to set up “ or be allowed in proper form to plead the statute of limitations; ” “ or…
2Cases cited34 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- Sheppard v. GravesSupreme Court of the United States · 1853
- Hendricks v. . IsaacsNew York Court of Appeals · 1889
- Tucker v. TuckerNew York Court of Appeals · 1868
- Smith v. . VelieNew York Court of Appeals · 1875
29 more not listed; retrieve them via the Exa API.