Devlin v. Mayor
New York Court of Appeals
Appeal from an order of the general term of the -court of common pleas of the city of New York affirming an order of the special term of that court denying .a motion to vacate and set aside a referee’s report. The action was brought by John B. Devlin, administrator of Charles Devlin, upon a contract made between the city of New York and one Andrew J. Hockley for cleaning the streets of the city. The intestate was interested in the contract as assignee.
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Appeal from an order of the general term of the -court of common pleas of the city of New York affirming an order of the special term of that court denying .a motion to vacate and set aside a referee’s report. The action was brought by John B. Devlin, administrator of Charles Devlin, upon a contract made between the city of New York and one Andrew J. Hockley for cleaning the streets of the city. The intestate was interested in the contract as assignee. The defendants •other than the Mayor, etc., of the city óf New York claimed to be jointly -interested in the contract, but refused to join as…
1Opinion of the CourtBookstaver, J.
The ground of this motion is that the Referee did not in his report direct the judgment to be entered thereupon as required by section 1022 of the Code of Civil Procedure. This section among other things provides that the report of the Referee upon the trial of the whole issue of fact, must direct the judgment to be entered thereupon. Instead of doing this, the referee in the last paragraph of his report, said: “ The question as to whom the said moneys shall be paid, and the question as to the right and interests of the defendants herein—other than the Mayor, Aldermen and Commonalty of the…
2Cases cited5 opinions
- O'Leary v. . Board of Education of City of N.Y.New York Court of Appeals · 1883
- MacNaughton v. . OsgoodNew York Court of Appeals · 1889
- Russell v. Mayor of New YorkNew York Court of Common Pleas · 1863
- Central Trust Co. v. N. Y. City & Northern RailroadNew York Supreme Court · 1886
- Brooks v. Mayor of N. Y.New York Supreme Court · 1883
3Cited by1 opinion
- In re Baldwin's EstateNew York Supreme Court · 1895