O'Brien v. Long
New York Supreme Court
Appeal from special term, Monroe county. A judgment for plaintiff, Francis O’Brien, was set aside on the ground that the referee had, while the action was pending, acted as attorney for some one of the parties in action, wherein plaintiff’s attorneys were referees. The order setting aside the judgment imposed the condition that defendant, Daniel Long, pay plaintiff the costs, including the referee’s fees, which plaintiff had paid.
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Appeal from special term, Monroe county. A judgment for plaintiff, Francis O’Brien, was set aside on the ground that the referee had, while the action was pending, acted as attorney for some one of the parties in action, wherein plaintiff’s attorneys were referees. The order setting aside the judgment imposed the condition that defendant, Daniel Long, pay plaintiff the costs, including the referee’s fees, which plaintiff had paid. From this portion of the order defendant appeals.
1Opinion of the CourtBarker, P. J.
The respondent objects to any review being made by this court to the part of the order appealed from, for the reason that the conditions imposed by the special term were discretionary with it, and this court has no power to change or alter the conditions imposed. The right of this court to review orders made by the special term, in respect to matters resting in the discretion of the court, has been constantly exercised, and the power to do so has been affirmed and sanctioned by the court of appeals. People v. Railroad Co., 29 N. Y. 418; Livermore v. Bainbridge, 56 N. Y. 72; Code Civil Proc. §…
2Cases cited3 opinions
- The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
- Livermore v. . BainbridgeNew York Court of Appeals · 1874
- Wentworth v. CandeeNew York Supreme Court · 1859
3Cited by5 opinions
- Davis v. SeawardNew York Supreme Court · 1914
- Hubbell v. HarbeckNew York Supreme Court · 1889
- Clark v. EldredNew York Supreme Court · 1889
- Goldberger v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1893
- State ex rel. Wright v. McQuillinSupreme Court of Missouri · 1913