Riley v. Sexton
New York Supreme Court
Appeal from a judgment, entered on the report of a referee. This is an action in the nature of a creditor’s bill, brought by the plaintiff as a judgment creditor of James Murray and James Lawless, to compel the application, to the payment of the plaintiff’s judgment, of the share of the said James Murray, in certain rents reserved in and by a lease of lands executed by said James Murray and John Murray, to the plaintiff and his son Richard Riley.
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Appeal from a judgment, entered on the report of a referee. This is an action in the nature of a creditor’s bill, brought by the plaintiff as a judgment creditor of James Murray and James Lawless, to compel the application, to the payment of the plaintiff’s judgment, of the share of the said James Murray, in certain rents reserved in and by a lease of lands executed by said James Murray and John Murray, to the plaintiff and his son Richard Riley. The Murrays owned in common two farms in Ontario county, one of 130 acres in Victor, and the other of 170 acres in Farmington. On 9th February,…
1Opinion of the Court
Smith, P. J.:
The appellant is met at the threshold by the objection that his exception to the referee’s conclusions of law is so general that it raises no question for review. There is but one exception and it is in the following form: “ The defendant Pliny T. Sexton excepts to each of the findings of law of the referee in this action.” It is stating the rule too broadly to say that a general exception to several rulings is .of no avail whatever; that such an exception is not available, unless all the rulings embraced in it are erroneous, has been held frequently (Lefler v. Field, 50 Barb.,…
2Cases cited5 opinions
- Foote v. ColvinNew York Supreme Court · 1808
- Edwards v. . WoodruffNew York Court of Appeals · 1882
- Van Wicklen v. PaulsonNew York Supreme Court · 1853
- Magie v. . BakerNew York Court of Appeals · 1856
- Wood v. LesterNew York Supreme Court · 1859