Roberts v. Peck

29 N.Y. Sup. Ct. 460 Court N.Y. Gen. Term English

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Majority

p. 460

ORVILLE ROBERTS, Appellant, v. HENRY C. PECK and others, Respondents.

Order of Onondaga County Special Term appealed from affirmed, with $10 costs, and disbursements. Held, that the referee had no power to award an extra allowance under section 1022 of the Code of Civil Procedure. But the action of the court in awarding extra allowance was within its discretion.