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80 N.Y. 636

Bigler v. . Pinkney

New York Court of Appeals

Decided February 24, 1880

New York Court of Appeals · decided 1880-02-24

'This action was tried before a referee. On settlement of the case, defendants requested the referee to find certain additional facts, which he refused. Held: that further and more particular findings were necessary in order to test the correctness of the referee’s conclusions, and that without them defendant could not well review the report. Ordered, therefore, as stated below.

Decided 1880-02-24

Danforth, J.,

¶1 reads for reversal of judgment and order of the General Term, and order of Special Term denying defendants’ motion to send the case back to the referee and requiring him to make additional findings ; and motion granted as to thirteenth and twenty-fifth requests to find, with costs to appellant on appeal fiom that order in the Supreme Court and this court; the case to be reheard in the Supreme Court upon such further findings and exceptions as may be made and on the case as settled, with costs of appeal from judgment to this court to abide event.

¶2 All concur.

¶3 Ordered accordingly.

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