Deeves v. Metropolitan Realty Co.
New York Court of Common Pleas
Appeal from special term. Action by Richard Deeves against the Metropolitan Realty Company of the city of New York to foreclose a mechanic’s lien on real-estate. From an order denying a motion to settle issues for trial-by jury, and an order of reference, defendant appeals.
1Opinion of the CourtPryor, J.
The appeal is from two orders,—one granting a motion for a reference to hear and determine, and the other denying a motion to settle issues for trial by jury. In Cassidy v. McFarland, 34 N. E. 893, 895, the court of appeals say that “the examination of a long account imports an actual contest as to the correctness of different charges, or at least of several of them, a prolonged examination of witnesses upon the issue, conflicting proof, and a judicial inquiry and determination as to each one of numerous litigated items.” Upon this definition of the term “long account” in section 1013 of the…
2Cases cited3 opinions
- Kenney v. . ApgarNew York Court of Appeals · 1883
- Cassidy v. . McFarlandNew York Court of Appeals · 1893
- Colman v. . DixonNew York Court of Appeals · 1872
3Cited by12 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- McAleer v. SinnottAppellate Division of the Supreme Court of the State of New York · 1898
- Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903
- Fout v. WolfeAppellate Division of the Supreme Court of the State of New York · 1930
- McAleer v. SinnottAppellate Division of the Supreme Court of the State of New York · 1898
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