Oppenheimer v. Trebla Realty Co.

This is an appeal by defendants from a judgment in favor of plaintiff entered"on the report of a referee. The defendants raised the point that the City Court had no jurisdiction to make the order of reference and raised this *453point at the outset of the reference. This order was in the following form, omitting the caption:

“ This action, having regularly come on for trial before the Hon. Peter 'Schmuek, Justice, on the 24th -day of April, 1911, and the following having occurred:

“ Defendant’s Counsel: Counsel for the defendant has offered that there be an accounting between the parties to this…