Baumann v. Moseley
New York Supreme Court
Appeal from special term. New York county. Action by Ludwig Baumann against Elizabeth Moseley, as administratrix of Joseph B. Adamson, deceased, upon a disputed claim against the estate of the deceased. From an order denying the motion to set aside the referee’s-report, and for a new trial, defendant appeals.
1Opinion of the CourtO’Brien, J.
This was a special proceeding upon a disputed claim against the estate of Adamson, deceased, which was referred pursuant to the statute, and tried before a referee. The latter reported in favor of the plaintiff as to-a certain portion of the claim presented, which report, though opposed by the-defendant, was confirmed, and judgment entered thereon on March 6, 1891. From this judgment, and the order confirming the referee’s report, the defendant appealed to the general term of this court. Thereafter, concluding that the better practice required that a motion should be made at special term upon…
2Cases cited2 opinions
- Smith v. . VelieNew York Court of Appeals · 1875
- Eighme v. StrongNew York Supreme Court · 1888
3Cited by1 opinion
- Dryer v. BrownNew York Supreme Court · 1890