Buchholtz v. Florida East Coast Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Florida East Coast Railway Company, from so much of an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the county of ¡New York on the 8th day. of January, 1901, as directed a reference to take proof to be used on a motion to set aside the service of the summons and complaint and to dismiss the action.
Read the full summary
Appeal by the defendant, the Florida East Coast Railway Company, from so much of an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the county of ¡New York on the 8th day. of January, 1901, as directed a reference to take proof to be used on a motion to set aside the service of the summons and complaint and to dismiss the action. The complaint herein alleged that the defendant, the Florida East ■ Coast Railway Company, a foreign corporation organized under, the laws of the State of Florida, suffered certain goods which the plaintiff, a…
1Opinion of the Court
Per Curiam :
Upon a motion where the facts are undisputed we can find no warrant for the court’s sending the matter to a referee to take further proof. Such a practice would entail additional expense and delay, and where both sides have had full opportunity to present all the facts it is usually unnecessary to have a reference. If essential the court could have allowed or directed additional affidavits to be served by either party. It is only in a very unusual and exceptional case that a reference should be ordered to aid the court in deciding a motion.
The principal question here presented was…
2Cited by6 opinions
- In re HanleinAppellate Division of the Supreme Court of the State of New York · 1901
- Municipal Mortgage Co. v. Four Hundred Sixty-One Eighth Avenue Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Johnson v. Wellington Copper Mining Co.New York Supreme Court · 1908
- Smith v. Western Pacific Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Co-Ordinating Corp. v.Mengel Co.Appellate Terms of the Supreme Court of New York · 1934
1 more not listed; retrieve them via the Exa API.