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Malone v. Saints Peter & Paul's Church

71 A.D. 622 Court N.Y. App. Div. English

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p. 622
Sylvester L. Malone, as Administrator, etc., Appellant, v. Saints Peter and Paul’s Church, Brooklyn, E. D., Respondent.

Motion to resettle order defiied. Motion-for leave to appeal to the Court of Appeals granted, and question certified as follows: Has the court, in a suit upon a common-law cause of action, brought by an administrator, jurisdiction to order a reference of all the issues in the action to a referee to hear and determine the same when the administrator opposes the granting of such order and demands a trial by jury?