Lawton v. . Green
New York Court of Appeals
Appeal from an order of the General Term "of the Supreme Court in the second judicial department, modifying an order of Special Term confirming the report of a-referee, to whom it was referred to ascertain and report the amount of damages sustained by the defendant in consequence of an injunction issued in this action at the instance of the plaintiff.
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Appeal from an order of the General Term "of the Supreme Court in the second judicial department, modifying an order of Special Term confirming the report of a-referee, to whom it was referred to ascertain and report the amount of damages sustained by the defendant in consequence of an injunction issued in this action at the instance of the plaintiff. (Reported below, 5 Hun, 157.) This action was brought to recover damages for trespass upon lands claimed by plaintiff, being the shore in front of Beach avenue, on Long Island Sound, and to restrain defendant from removing sand from said…
1Opinion of the Court
Church, Ch. J.
The consent of the plaintiff to the order of reference obviates the objection that judgment had not then been entered. An order to ascertain damages is not regular until the judgment has been entered, but as the judgment was entered immediately after, the irregularity was formal and was waived by the consent to the entry of the order of reference.
The referee has not reported the items of damage which he awarded nor the facts or conclusions of law upon which his award was based. We are, therefore, required to give his finding the most favorable intendment. The plaintiff might…
2Cases cited4 opinions
- Sturgis v. KnappSupreme Court of Vermont · 1860
- Aldrich v. ReynoldsNew York Court of Chancery · 1846
- Garcie v. SheldonNew York Supreme Court · 1848
- Cayuga Bridge Co. v. MageeNew York Court of Chancery · 1830
3Cited by44 opinions
- Asevado v. OrrCalifornia Supreme Court · 1893
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- City of Yonkers v. Federal Sugar Refining Co.New York Court of Appeals · 1917
- Hayden v. KeithSupreme Court of Minnesota · 1884
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