Gray v. Fisk — 53 N.Y. 630

Majority

p. 630

George F. Gray, Appellant, v. Lucy D. Fisk, Executrix, etc., et al., Respondents.

(Submitted May 20, 1873 ;

decided September 23, 1873.)

Headnote

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.

Titus B. Eldridge for the appellant.

Dudley Field for the respondents.

There 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. .

p. 631

On 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.

reads for affirmance.

All concur, except Peokham, J., not voting.

Judgment affirmed.