Shrady v. Van Kirk
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George F. Shrady, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of April, 1902, denying the plaintiff’s motion to correct a judgment theretofore entered in the action upon the report of a referee, because of certain alleged irregularities.
Read the full summary
Appeal by the plaintiff, George F. Shrady, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of April, 1902, denying the plaintiff’s motion to correct a judgment theretofore entered in the action upon the report of a referee, because of certain alleged irregularities. The action was brought by a beneficiary under the will of Maria Shrady, deceased, to compel the sale of a large amount of realty, for the removal of trustees, a settlement of their accounts, and other relief. The issues in the…
1Opinion of the Court
O’Brien, J.:
The principal question for our consideration is as to the right and power of the Special Term, after a reference to hear and determine, to insert the provision permitting the sales upon bond and mortgage. Incidentally the question of practice arises as to whether such a provision, if improperly inserted, can be stricken out on motion as an irregularity, or whether the plaintiff’s remedy is not by appeal from the judgment. While the case was pending and the referee had jurisdiction over the action, he had the right, in connection with the making of his report and decision, to…
2Cases cited3 opinions
- Corn Exchange Bank of Chicago v. BlyeNew York Court of Appeals · 1890
- Paget v. MelcherAppellate Division of the Supreme Court of the State of New York · 1898
- Kennedy v. McKoneAppellate Division of the Supreme Court of the State of New York · 1896