Hallock v. Bacon
New York Supreme Court
Appeal from judgment on report of referee. J. Henry Halloek presented a claim to Etta B. Bacon and Alice A. Salisbury, executrices under the will of Emma B. Sharer, deceased, which was rejected by said executrices, and a reference was had under the statute. The referee reported in favor of plaintiff, and a motion to confirm the same and for judgment thereon was thereafter granted.
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Appeal from judgment on report of referee. J. Henry Halloek presented a claim to Etta B. Bacon and Alice A. Salisbury, executrices under the will of Emma B. Sharer, deceased, which was rejected by said executrices, and a reference was had under the statute. The referee reported in favor of plaintiff, and a motion to confirm the same and for judgment thereon was thereafter granted. No certificate of Lhe referee or affidavit was filed showing that the claim was unreasonably resisted or neglected, but the .clerk retaxed the costs, allowing plaintiff, in addition to the referee’s fees and…
1Opinion of the CourtHardin, P. J.
References had pursuant to sections 36 and 37 of the Revised Statutes (3 Rev. St., 7th Ed., 2300) are special proceedings. In Coe v. Coe, 37 Barb. 235, in speaking óf a similar case, Allen, J., said; “It is a statutory proceeding, and the only authority for a judgment is the report of the referee, which is subject to examination by the court.” In Young v. Cuddy, 23 Hun, 249, Gilbert, J., said: “References of disputed claims against executors, pursuant to 2 Rev. St. pp. 88, 89, §§ 36, 37, are ‘special proceedings.’ Code Civil Proc. §§ 3333, 3334. The provisions of the Revised Statutes…
2Cases cited10 opinions
- Roe v. . BoyleNew York Court of Appeals · 1880
- Bucklin v. ChapinNew York Supreme Court · 1868
- Denise v. . DeniseNew York Court of Appeals · 1888
- Eldred v. . EamesNew York Court of Appeals · 1889
- Hopkins v. . LottNew York Court of Appeals · 1888
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3Cited by2 opinions
- Lindholm v. KaneNew York Supreme Court · 1895
- Niles v. CrockerNew York Supreme Court · 1895