Packer v. . Nevin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of defendants, entered on report of referee, so far as appealed from by defendants, and dismissing an appeal by plaintiffs on stipulation. • This action was brought originally by the members of the firm of hi able, Hammett & Co., who had obtained a judgment against one Delamater, to have a prior judgment, in favor of defendants against Delamater,…
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of defendants, entered on report of referee, so far as appealed from by defendants, and dismissing an appeal by plaintiffs on stipulation. • This action was brought originally by the members of the firm of hi able, Hammett & Co., who had obtained a judgment against one Delamater, to have a prior judgment, in favor of defendants against Delamater, decreed paid and satisfied, and to restrain them from receiving the avails of a sale, on execution, of the property of the…
1Opinion of the CourtMiller, J.
The appeal of the defendants in this case was from the judgment, upon the ground that it was erroneous in not adjudging damages against the plaintiff, and for the reasons stated in the exceptions served. Ho findings of fact were made by the referee in regard to the subject of damages; nor were any requests made to find, which would present the question fairly, whether any damages were proved, or whether the referee erred in not awarding damages. Hor was any appeal taken from the order overruling the exceptions to the referee’s report. As the case stands the question was not properly presented…
2Cited by7 opinions
- Wittich v. O'NealSupreme Court of Florida · 1886
- Elsman v. Glens Falls Indemnity Co.New York Supreme Court · 1933
- Sweetser v. SmithNew York Supreme Court · 1889
- Felkner v. WinninghamSupreme Court of Oklahoma · 1915
- Oklahoma Cotton Growers' Ass'n v. HoovenSupreme Court of Oklahoma · 1928
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