Carter v. Barnum

The plaintiff has, upon a trial before a referee, secured a recovery of $40, upon a much larger claim which was rejected by defendant, and he now seeks an allowance of costs under sections 1835 and 1836, upon the ground that defendant did not file a consent after rejection of the claim to have the same determined upon the final settlement of his accounts.

The claim was rejected by the executor April 21, 1897. May 17, 1897, the amendment-to section 1836 of the Obde 'took effect requiring the consent above mentioned to be filed at least ten days before, instead of simply before, the expiration…