Legal Opinion

Russell v. Lyth

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1901PublishedCited by 10 opinions

Appeal by the defendant, Alfred Lyth, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 12th day of January, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6th day of January, 1901, denying the said defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, Alfred Lyth, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 12th day of January, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6th day of January, 1901, denying the said defendant’s motion for a new trial made upon the minutes. The action was originally commenced in the Municipal Court of the city of Buffalo, where a judgment was rendered in favor of the plaintiff.

1Opinion of the Court

Spuing, J.:

An action was pending in the Supreme Court in which the appellant was plaintiff. The trial was in progress when the justice presiding, foreseeing, that a long accounting between the parties was imminent, suspended the trial, and, against the. protest of the present appellant, ordered a reference to hear, try and determine the issues, and, as the parties were unable to agree upon a referee, the trial court directed that the plaintiff act in that capacity, and no objection to this selection seems to have been made by either party. The referee spent upwards of thirty days upon the…

2Cases cited3 opinions

  1. Hinman v. HapgoodCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Nealis v. MeyerAppellate Terms of the Supreme Court of New York · 1897
  3. Lyth v. GreenAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by10 opinions

  1. Hebard v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
  2. Bottome v. AlberstAppellate Terms of the Supreme Court of New York · 1905
  3. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
  4. Keeler v. BellNew York Supreme Court · 1905
  5. Agricultural Insurance v. DarrowAppellate Division of the Supreme Court of the State of New York · 1902

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