Beves v. Post — 156 A.D. 928

Majority

p. 928

Arthur S. Beves, Respondent, v. Mary E. Post, as Executrix, etc., of Donald McNeil, Deceased, Appellant.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 4th day of December, 1913, directing-a compulsory reference.

It is apparent that this case can be tried before a jury; and in view of the nature of the services rendered, no long account is presented which would justify the cohrt in referring the case against the wish of the defendant. . The order appealed from must be reversed, -with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.