Leffler v. Field
New York Supreme Court
This action was tried by a referee, who made a report in favor of the plaintiff, upon which judgment was duly entered up, from which the defendants appealed to this court.
Read the full summary
This action was tried by a referee, who made a report in favor of the plaintiff, upon which judgment was duly entered up, from which the defendants appealed to this court. In preparing the case for review in this court, the defendants’ attorney inserted quite a number of findings of fact besides those embraced in'the referee’s report, with exceptions thereto in the usual form. . In settling the case, the referee declined to find any facts other, further or different, from what he found in his report, and the defendants’ attorney brought an appeal from such decision of the referee to this…
1Opinion of the Court
By the court, E. Darwin Smith, J.
If this case were otherwise in readiness for argument upon the merits, the motion of the plaintiff to strike out of the printed case such portions of the proposed findings, and the exceptions relating thereto, as were disallowed by the referee, must be granted. These findings are improperly retained in the case. Nothing should be contained in the case except such evidence, find*387ings and exceptions as are expressly allowed by the referee. His decision in the allowance or disallowance of findings or amendments in the case, is not the subject of exception, and any…
2Cited by4 opinions
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
- Arn v. ColemanSupreme Court of Kansas · 1873
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870