Sheldon v. Wood
The Superior Court of New York City
On a trial before referees, the report was against the defendant. The referees made a special finding of facts, and of their conclusions of law. Thereupon, by agreement of the attorneys, a case was made, setting forth in detail all the evidence before the referees, with a stipulation that either party might turn the same into a bill of exceptions.
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On a trial before referees, the report was against the defendant. The referees made a special finding of facts, and of their conclusions of law. Thereupon, by agreement of the attorneys, a case was made, setting forth in detail all the evidence before the referees, with a stipulation that either party might turn the same into a bill of exceptions. The defendant appealed to the general term, and when the case came on to be argued there, it was .objected that there were no exceptions to the finding. ' On an affidavit setting forth these facts, and that the case was made before the decision of…
1Opinion of the Court
Hoffman, Justice,
said it was not necessary now to make the case to conform to that decision; that could he done as well after the determination of the general term on the appeal, if it should then appear that the case as argued there, was not in conformity to that rule.
As to the leave to file exceptions, he said he had had occasion already to rule, under § 174 of the Code, that the court have the power to allow them to be filed nunc pro tunc.
Under § 405 of the Code, the time to take any proceeding may be enlarged by a judge at chambers.
But under § 174 the court may allow any act to be done…
2Cited by4 opinions
- Stephenson v. KilpatrickSupreme Court of Missouri · 1901
- Bortle v. MellenNew York Supreme Court · 1862
- Gade v. GadeNew York Supreme Court · 1884
- Halsey v. CarterThe Superior Court of New York City · 1866