Hyperlawhypertext legal database Rector v. Van Nosdall 119 N.Y.S. 1141

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Rector v. Van Nosdall

119 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1909-11-19 English

Contents

Majority

p. 1141
RECTOR, ETC., OF ST. ANDREW’S CURCH IN VILLAGE OF WALDEN, ORANGE COUNTY, N. Y. Respondent, v. VAN
p. 1142
NOSDALL, Appellant.
(Supreme Court, Appellate Division, Second Department.
November 19, 1909.)

Headnote

Action by the Rector, etc., of St. Andrew’s Church in the Village of Walden, Orange County, N. Y., against Caroline Van Nosdall.

We think that a compulsory reference in this case is not only not authorized (Code Civ. Proc. § 1013), but is expressly forbidden (Id. section 968). The order appealed from is therefore reversed, with ^10 costs and disbursements, and the motion denied, with, costs.