53 N.Y. 630
Decided September 23, 1873
New York Court of Appeals · decided 1873-09-23
<p>A motion to set aside the report of a referee, on the ground of improper conduct on his part, is addressed to the discretion of the court. The action of the Special Term may be reviewed by the General Term, but the right of appeal there ends.</p>
Cited by 4 later decisions — most recently September 1889
4 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1873-09-23
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¶1There were two appeals in this.action; one from an order of General Term affirming an order of Special Term denying a motion to set aside the report of the referee herein, on the ground of misconduct, and one from the judgment affirming judgment on report of the referee. .
¶2*631On appeal from order, held, that the same was not appeal-able, as above. The appeal from the judgment was decided substantially upon the facts of the case.
¶3reads for affirmance.
¶4Judgment affirmed.