Patterson v. Knapp
New York Supreme Court
Appeal from special term, New York county. Action by William M. Patterson against Samuel T. Knapp. From an order setting aside the report of the referee, and vacating a judgment entered thereon, plaintiff appeals. Affirmed. On the 4th of January, 1890, by an order duly made and entered, the issues in this action were referred to a referee to hear and determine.
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Appeal from special term, New York county. Action by William M. Patterson against Samuel T. Knapp. From an order setting aside the report of the referee, and vacating a judgment entered thereon, plaintiff appeals. Affirmed. On the 4th of January, 1890, by an order duly made and entered, the issues in this action were referred to a referee to hear and determine. January 30, 1892, the trial was begun, and was continued from time to time until October 12, 1893, when the case was finally submitted to the referee for decision. On November 15, 1893, the attorneys for the parties, by a written…
1Per curiam
Section 1019 of the Code of Civil Procedure provides:
“Upon the trial by a referee of an issue of fact or an issue of law, or where a reference is made as prescribed in section one thousand and fifteen of this act, the referee’s written 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 or matter is finally submitted; otherwise, either party may, before it is filed or delivered, serve a notice upon the attorney for the adverse party that he elects to end the reference. In such a case the action must…
2Cited by3 opinions
- Gill v. ClarkNew York Supreme Court · 1900
- In re Robinson's WillNew York Surrogate's Court · 1907
- In re the Estate of SantosNew York Surrogate's Court · 1900