Hatch v. Stewart
New York Supreme Court
Appeal from judgment entered upon confirmation of report of referee in a proceeding to determine a disputed claim against the defendant’s testator.
1Opinion of the CourtBradley, J.
The matter in controversy was referred pursuant to the statute (2 R. S. 88, § 36, as amended by Laws of 1859, ch. 261.) It was heard and a report made by the referee by which he determined that the plaintiff was entitled to recover. And upon application to this court at special term, the report was confirmed. There is no appeal taken from the order, but both parties appeal from the judgment only. This is'a special, proceeding. Roe v. Boyle, 81 N. Y., 305.
Provision was made for appeals from judgments in these proceedings by Laws of 1854, ch. 270, § 1. That section was repealed by Laws, of…
2Cases cited6 opinions
- Barry v. . LambertNew York Court of Appeals · 1885
- Ferris v. . Van VechtenNew York Court of Appeals · 1878
- School District v. First National BankMassachusetts Supreme Judicial Court · 1869
- Roe v. . BoyleNew York Court of Appeals · 1880
- In re StaffordNew York Supreme Court · 1851
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