Beach v. Gregory

This is an appeal from an order made by Judge Woodruff at special term, December 5, 1855.

The action was tried before a referee, who reported for the plaintiff, and a case was made with leave to turn the same into a bill of exceptions or special verdict. An appeal was taken upon the judgment entered on the report of the referee and the case so made, to the general term of this court, and after the *79argument thereof and before the court had given a decision thereon and on the 23d of March, 1854, Raymond, one of the defendants, died. On the first of April following the general term affirmed the…