Lefler v. . Field
New York Court of Appeals
Motion to dismiss appeal from an order of the General Term of the Supreme Court in the fourth judicial department, affirming order of Special Term. (No papers were handed down, and the nature of the order appealed from and the facts presented can only be gleaned from the opinion.)
1Opinion of the CourtRapallo, J.
The remedy of the defendant for the refusal of the referee to insert in the case the matters proposed by him, was not by appeal from the decision, made by the referee on the settlement of the case. No such appeal is known in practice, or authorized by any law. It could not, therefore, be entertained at the General Term, nor can it here. The proper remedy was by motion to the court below, before the argument of the appeal from the judgment, to compel the referee, in settling the case, to insert such part of the proposed matter as related to the points or claims alleged to have been actually…
2Cited by6 opinions
- Carroll v. Staten Island RailroadNew York Supreme Court · 1873
- Johnson v. International Harvester Co. of AmericaNew York Supreme Court · 1932
- Excelsior Petroleum Co. v. LacyNew York Supreme Court · 1875
- Gove v. HammondNew York Supreme Court · 1875
- Stokes Bros. v. DrefsAppellate Division of the Supreme Court of the State of New York · 1935
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