Saranac Land Timber Co. v. . Roberts
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department entered May 24,. 1918, modifying and affirming as modified an order of Special Term which granted a new trial of the action, refused to vacate the consent of the defendant to an order of reference therein and appointed a new referee to hear, try and determine the same.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department entered May 24,. 1918, modifying and affirming as modified an order of Special Term which granted a new trial of the action, refused to vacate the consent of the defendant to an order of reference therein and appointed a new referee to hear, try and determine the same. By the modification of the order the defendant was required to pay to the plaintiff the referee’s and stenographer’s fees of the last reference. The appeal to this court is from so much of the order as affirms…
1Opinion of the CourtChase, J.
This is an ejectment action. All of the issues therein were referred to a referee to hear and determine the same. The order of reference contains a recital as follows: “ The above-entitled action coming on to be heard in its regular order on the calendar and the parties by their respective counsel having waived a jury trial and consented in open court that this action be tried by a referee to be selected by the court.”
The action was tried before the referee so named and resulted in a judgment for the plaintiff. .That judgment was affirmed by the Appellate Division (Saranac L. & T. Co. v.…
2Cases cited8 opinions
- Saranac Land & Timber Co. v. RobertsNew York Court of Appeals · 1909
- Knowlton v. . AtkinsNew York Court of Appeals · 1892
- Saranac Land and Timber Co. v. . RobertsNew York Court of Appeals · 1913
- Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908
- Hustis v. . AldridgeNew York Court of Appeals · 1895
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3Cited by3 opinions
- Saranac Land Timber Co. v. . RobertsNew York Court of Appeals · 1919
- Saranac Land & Timber Co. v. RobertsDistrict Court, N.D. New York · 1921
- Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1919