Gallagher v. Grand Trunk Railway Co. of Canada — 23 N.Y. St. Rep. 31

Majority

p. 31

Henry Gallagher, App’lt, v. The Grand Trunk Railway Company of Canada, Resp’t.

(Supreme Court, General Term, Fifth Department,

Filed April 13, 1889.)

Headnote

Practice—Relief after time expired—When granted—Code Civil Pro., §§ 734-783.

The court has power, under the provisions of the Code Civil Procedure, §§ 734, 783, to permit the serving of exceptions to a referee’s report after the time to serve the same has expired.

An appeal from an order of the Monroe-special term granting leave to file an exception to the referee’s report after the entry of the judgment and after the time to serve the same had expired. The defendant was permitted to file an exception to the referee’s conclusion of law with the same force and effect ás if the exception had been duly filed and served within the time limited by the Code of Civil Procedure. The court has power, under the provisions of sections 72Í and 783, to permit the. serving of exceptions after the time had expired.

The order should be affirmed, with ten dollars costs.

All concur.