Fisher v. Tuttle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George E. Fisher, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of January, 1911, whereby the court on its own motion when the case was reached for trial at Special Term referred the issues to one of the official referees to hear, try and determine.
1Opinion of the Court
Laughlin, J.:
The recitals in the order of reference indicate that the learned justice presiding at Special Term was of opinion that it would be necessary to have an accounting before a referee in this action ultimately, and that it seemed advisable to refer all the issues; and it may well be that from the informal discussion of these matters, recited in the order, the court expected that both sides would acquiesce in the order of reference. The order, however, does not show that plaintiff consented, and it is not claimed that he did. Therefore, he has a right to review the order.
It is argued…
2Cases cited4 opinions
- Steck v. Colorado Fuel & Iron Co.New York Court of Appeals · 1894
- Irving v. IrvingNew York Supreme Court · 1895
- Hilton v. HughesAppellate Division of the Supreme Court of the State of New York · 1896
- Empire State Telephone & Telegraph Co. v. BickfordNew York Court of Appeals · 1894
3Cited by4 opinions
- Durwood v. DubinskySupreme Court of Missouri · 1956
- Hewitt v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Irving Trust Co. v. McKeeverDistrict Court, E.D. New York · 1941
- Durwood v. DubinskySupreme Court of Missouri · 1956