Fowler v. . Fowler
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 11, 1895, which affirmed an order of Special Term denying a motion to vacate an order directing the payment of certain moneys in the hands of a referee to the respondent, James A. Merritt. The material facts are stated in the opinion. The court had no power to award costs as in an action. (Code Civ.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 11, 1895, which affirmed an order of Special Term denying a motion to vacate an order directing the payment of certain moneys in the hands of a referee to the respondent, James A. Merritt. The material facts are stated in the opinion. The court had no power to award costs as in an action. (Code Civ. Pro. §§ 1015, 3236, 3251; Goncklmi v. Taylor, 68 M. Y. 221; Tishop v. Hendrick, 82 Hun, 324.) The referee awarded costs to all attorneys who appeared, whether their claims were successful or…
1Opinion of the CourtHaight, J.
The appeal book in this case is improperly entitled: In the action of Merritt v. Fowler. The order appealed from is entitled as above indicated in both actions. The order, however, pertains to the action of Fowler v. Fowler, which is the_ proper title.
That action was for the partition of real estate in which a judgment had been entered appointing one Wilbur Larremore referee to make a sale. A sale had been made and a- portion of the purchase price paid over to the referee when Merritt, the respondent, in an action brought by him against Fowler, procured an attachment and caused the same to be…
2Cited by1 opinion
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