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Morgenthau v. Walker

52 N.Y. St. Rep. 937 Court N.Y.C.P. Decision date 1893-05-01 English

Delivered by Pryor, J.

Contents

Majority

p. 937
Henry Morgenthau et al., v. Elizabeth H. Walker.

In Catlin v. Adirondack Co., 19 Hun, 389 ; 81 N. Y., 379 , it was decided that a reversal of a judgment does not per se operate a vacatur of the order of reference. But a subsequent amendment of the Code (§ 1011) pro

p. 938
vides that “the court must appoint another referee.” We merely reverse the judgment and direct a new trial, leaving to the court helow either to name another referee or to vacate the order of reference, as justice may seem to require.

Reversing 48 St. Rep., 937 .