Greenlund v. Fenner

The plaintiff seeks to vacate a judgment granted- and entered in the above-entitled action, in favor of the defendants, upon the report of the referee therein, Hon. Warner S. Rexford; upon the ground that said referee was, at the time of his appointment, throughout the period of the trial, and when he made his report or decision therein, surrogate of Chautauqua county, which county had a population at all such times exceeding 120,000.

The facts, as conceded by the parties, are that Judge Rexford Was, by stipulation of the parties, on June 15, 1925, appointed such referee; that the trial…