Halsey v. Carter
The Superior Court of New York City
Motion to set aside the report of a referee for having been made more than sixty days after the final submission of the case to him, and after notice of the election of the defendant to end the reference.
1Opinion of the CourtMonell, J.
I think the proofs in this case establish that the action was finally submitted to the referee for his decision, -more than sixty days before notice of the defendant’s election to end the reference. But the notice should have been by the attorney. A party who has appeared by attorney cannot, while the retainer continues, appear on the record in person. (2 R. S. 276, § 11.) It is proper, therefore, to disregard the notice signed by the defendant in person while he had an attorney.
It was claimed by the defendant’s counsel that the words “ either party,” in the 273d section of the Code, required…
2Cases cited2 opinions
- Tripp v. DeBowNew York Supreme Court · 1850
- Sheldon v. WoodThe Superior Court of New York City · 1857
3Cited by1 opinion
- Garland v. HolmesSupreme Court of Louisiana · 1846