Owasco Lake Cemetery v. Teller
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Owasco Lake Cemetery, from an order of the Supreme Court, made at the Monroe Special Term, bearing date the 23d day of September,'1905, and entered in the office of the clerk of the county of Cayuga, denying the plaintiff’s motion to vacate" the report of a referee and a judgment entered upon such report.
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Appeal by the plaintiff, The Owasco Lake Cemetery, from an order of the Supreme Court, made at the Monroe Special Term, bearing date the 23d day of September,'1905, and entered in the office of the clerk of the county of Cayuga, denying the plaintiff’s motion to vacate" the report of a referee and a judgment entered upon such report. The proceeding was commenced on the 22d day of December, 1904, by service upon the defendant of a petition praying for the condemnation of certain premises owned by him, and by the service of a notice that such petition would be presented to the Special Term of…
1Opinion of the Court
McLennan, P. J.:
The provision of fhe Constitution which it is claimed disqualified Mr. Justice Rich from holding the court and making the order, of reference in question, is as follows: “ Mo justice of the Appellate Division Shall exercise any of the powers of a justice of the Supreme Court, other than those of a justice out of court, and those pertaining to the-Appellate Division or to the hearing und- decision .¡of motions submitted by consent of counsel.” (Const, art. 6, § 2.).
The same provision is contained in section 220 of the Code of Civil Procedure.. While the language employed does…
2Cases cited3 opinions
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Bonner v. McPhailNew York Supreme Court · 1860
- Scubder v. SnowNew York Supreme Court · 1864
3Cited by4 opinions
- Matter of Rudd v. HazardNew York Court of Appeals · 1935
- People ex rel. New York Central Railroad v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1952
- Connolly v. ScudderAppellate Division of the Supreme Court of the State of New York · 1928
- People ex rel. New York Central Railroad v. State Tax CommissionNew York Supreme Court · 1952