Brown v. Root Manufacturing Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 13,1894, which reversed an order of Special Term denying a motion by defendant to appoint a referee in place of a former referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 13,1894, which reversed an order of Special Term denying a motion by defendant to appoint a referee in place of a former referee. The nature of the action and the facts, so far as material, are stated in the opinion. By paying the costs of the judgment in ejectment entered upon the report of the referee, the plaintiff was placed in the same position as if he had brought a new action, vacating all proceedings subsequent to' the joining of issue, notwithstanding section 1011 of the Code.…
1Opinion of the CourtGray, J.
This was an action of ejectment. The attorneys for the plaintiff and defendant had stipulated, in writing, that the issues in the action should be referred for trial to Joseph M. Lawson and thereupon an order was made appointing him sole referee to hear and determine the action. The referee determined in favor of the defendant and a judgment was accordingly entered, dismissing the plaintiff’s complaint. Thereafter the plaintiff moved for and obtained an order vacating the judgment and granting a new trial in the action, upon payment of costs. Subsequently the defendant applied for an order…
2Cases cited1 opinion
- Wing v. . De La RiondaNew York Court of Appeals · 1892
3Cited by4 opinions
- Butterly v. DeeringAppellate Division of the Supreme Court of the State of New York · 1913
- Saranac Land Timber Co. v. . RobertsNew York Court of Appeals · 1918
- Buffalo Cold Storage Co. v. BaconAppellate Division of the Supreme Court of the State of New York · 1910
- Barson v. MulliganNew York Supreme Court · 1904