Majority
p. 931Kate E. Knickerbocker, Plaintiff, v. Frank B. Candee and Another, Individually and as Executors, etc., and Others, Respondents. Oliver D. Burden, Referee, Appellant.
Headnote
Partition — compensation of referee.Appeal from a judgmentbf the Supreme Court, entered in the Onondaga county clerk’s office on the 6th day of September, 1913.
Assuming that the referee has sufficient standing to appeal from the judgment so far as it relates to his fees, we are of the opinion that the Special Term correctly decided that the limitation of $500 contained in section 3297 of the Code of Civil Procedure applies to actions of partition. Judgment affirmed, without costs. All concurred.