Burt v. Oneida Community, Ltd.
New York Supreme Court
Appeal from-special term, Oneida county. Action by Charles A. Burt against Oneida Community, Limited, and others. Upon the hearing before the referee a stipulation was entered in his minutes to the effect that the referee might fix his own fees; and thereafter a stipulation was signed by the parties in the following language: “It is hereby stipulated that the referee in this action may fix the amount of his fees without regard to the provisions of the statute.
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Appeal from-special term, Oneida county. Action by Charles A. Burt against Oneida Community, Limited, and others. Upon the hearing before the referee a stipulation was entered in his minutes to the effect that the referee might fix his own fees; and thereafter a stipulation was signed by the parties in the following language: “It is hereby stipulated that the referee in this action may fix the amount of his fees without regard to the provisions of the statute. Dated July 10th, 1889.” This stipulation was signed by the parties to the action, and also by their attorneys. The trial was a long…
1Opinion of the CourtHardin, P. J.
I think the facts presented upon the motion for taxation are such that this case is distinguishable from those eases cited in the opinion of Brother Martin. Here, in addition to the stipulation entered in the referee’s minutes, there is a formal stipulation of the parties confiding the amount to be charged to the referee. The parties acted upon that stipulation. The successful party, having in mind that stipulation when the amount of fees were stated by the referee, relied upon the stipulation, and paid the same to him. It is a familiar principle that a party may waive a constitutional…
2Cited by1 opinion
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