Boyd v. Bigelow

By the court—Marvin, Justice.

The claim of the plaintiff, was referred by agreement, to three disinterested persons, pursuant to 2 R. S. 88, 89, §§ 36, 37, and a report was made by the referees in favor of the plaintiff. The defendant slipulated that judgment should be entered upon the report. It was entered, and defendant appealed to the general term of this court. No security was given upon the appeal, fl

*512The plaintiff’s counsel insists that there could be no appeal from the judgment. That such a case was not appealable, and if appealable the defendant’s stipulation estopped him, and put the…