Little v. . Lynch
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 10,1885, which reversed an order vacating a judgment entered upon the report of a referee, and directing that the report be taken from the files of the clerk. The ground of the motion was that the reference had been terminated by notice as prescribed by the Code of Civil Procedure (§ 1019) before the delivery or filing of the report.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 10,1885, which reversed an order vacating a judgment entered upon the report of a referee, and directing that the report be taken from the files of the clerk. The ground of the motion was that the reference had been terminated by notice as prescribed by the Code of Civil Procedure (§ 1019) before the delivery or filing of the report. It appeared by the papers that the cause was finally submitted to the referee April 26, 1882. The referee made his report thereon in May, 1882, in favor of…
1Per curiam
It was decided in Phipps v. Carman, (84 N. Y. 650) that the requirement of .section 1019 of the Code of Civil Procedure, that a referee’s report “ must be either filed with the clerk, or delivered to the attorney, for one of the parties, within sixty days from the time when the cause was finally submitted,” must be literally complied with to prevent a termination of the reference by notice as prescribed in that section. The court in that case affirmed an order of the General Term, which affirmed an order of the Special Term vacating a judgment entered upon a report of a referee delivered…
2Cases cited1 opinion
- Geib v. . ToppingNew York Court of Appeals · 1880
3Cited by27 opinions
- State v. AdamsWashington Supreme Court · 1906
- Hebard v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Morrow v. McMahonAppellate Division of the Supreme Court of the State of New York · 1902
- Nealis v. MeyerAppellate Terms of the Supreme Court of New York · 1897
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
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