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47 How. Pr. 188

Cooley v. Decker

New York Supreme Court

Decided July 1, 1873

New York Supreme Court · decided 1873-07-01

This is an appeal by the defendant from an order of special term, setting aside' a report of a referee, upon the ground that the report was made outside of the jurisdiction of the court. The appeal papers show that an issue was formed in this action, and that if was referred to D. Holmes, Esq., to hear and determine.

Decided 1873-07-01

¶1At a general term of the supreme court, fourth judicial department, held at the city of Eochester, in the county of Monroe, April 30, 1874.

¶2Present—Hon. Joseph Mullir, Presiding JusUce.

¶3E. Darwin Smith,

¶4J. W. Gilbert, Justices.

¶5LEVI COOLEY and LEVI COOLEY, Jr.,

¶6Respondents,

¶7agt.

¶8JONAH D. DECKER, Appellant.

¶9The appeal from the order of special term, entered January 28, 1874, setting aside the amended report of Daniel Holmes, Esq., referee herein, dated September 13, 1873, having come on to be heard.

¶10Now, after hearing Mr. George F. Danforth, of counsel for said appellant, and Mr. Theodore Bacon, of counsel for said respondents, it is ordered that the said order of special term be and the same is, in all things, reversed, with ten dollars costs, to be paid by said respondents to said appellant’s attorney.

¶11(Copy.) JOHN H. WILSON,

¶12Clerk.

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