Legal Opinion

People Ex Rel. Day v. . Bergen

New York Court of Appeals

Decided September 23, 1873PublishedCited by 36 opinions

uAppeal from, order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term, adjudging defendant in contempt, etc. In a judgment in a foreclosure suit, defendant was appointed referee to sell.

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uAppeal from, order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term, adjudging defendant in contempt, etc. In a judgment in a foreclosure suit, defendant was appointed referee to sell. The decree directed that, out of the moneys arising from such sale, after deducting the amount of fees and expenses on such sale, and any lien or liens upon said premises, so sold, at the time of such sale, for taxes, assessments or prior mortgages, the referee pay to the plaintiff or his attorney his costs, and the costs of a guardian ad litem, for…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The duties of the defendant, as referee for sale of the mortgaged premises under the judgment of foreclosure, were ministerial in their character. The duty of the referee was to sell the premises to the…

2Cases cited1 opinion

  1. Sullivan v. Judah & WeedNew York Court of Chancery · 1834

3Cited by36 opinions

  1. Heller v. . CohenNew York Court of Appeals · 1897
  2. State Ex Rel. Mix v. NewlandOregon Supreme Court · 1977
  3. State Ex Rel. Murphy v. District CourtMontana Supreme Court · 1935
  4. Mullins v. FranzAppellate Division of the Supreme Court of the State of New York · 1914
  5. Geller v. Flamount Realty Corp.New York Court of Appeals · 1932

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