Kiersted v. Orange & Alexandria Railroad
New York Supreme Court
Appeal from judgment recovered on the report of a referee, and from an order denying motion to set aside the report as irregular. The action was for the use and occupation of certain premises on Broadway, New York city.
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Appeal from judgment recovered on the report of a referee, and from an order denying motion to set aside the report as irregular. The action was for the use and occupation of certain premises on Broadway, New York city. The defendants and appellants composed “ The Virginia and Tennessee Boute” and “The Great Southern Mail Boute,” in the years ■ 1860 and 1861, and their general agent, Mr. D. C. Smith, rented the premises for the use of the defendants, and did so by written lease, under which the defendants entered and occupied, and paid rents until May 1, 1861.’ Mr. D. 0. Smith left the…
1Opinion of the CourtDaniels, J.
The motion was made to set aside the referee’s report, because he was not authorized to hear the cause, or competent to hear it; that his report was not authorized by the evidence, and he refused to find facts which had been proved in the case, and was prejudiced against the defendants. The first of the grounds is the only one worthy of any consideration for the purpose of deciding the appeal from the order. For, if the report was made without evidence to sustain it, the mode which has been provided for reviewing that, is an appeal from judgment recovered upon it, and that has been taken in…
2Cases cited4 opinions
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- Buchanan v. CurryNew York Supreme Court · 1821
- Howe v. SavoryNew York Supreme Court · 1867
- Tallman v. . BreslerNew York Court of Appeals · 1874