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Millen v. Fogg

59 N.Y. Super. Ct. 578 27 Jones & S. 578 Court N.Y. Super. Ct. Decision date 1891-03-02 English

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p. 578
Loring R. Millen, et al., Respondents v. John C. Fogg, et al., Appellants.
Decided March 2, 1891.

Headnote

Appeal by defendants from an order of reference granted on the ground that the trial of the action would involve the taking of a long account.
Morrison & Kennedy, for appellants.
Alexander & Green, for respondents.
Before Sedgwick, Ch. J., Truax and Dugro, JJ.

Although the only specific allegation that there were no difficult questions of law was made by the plaintiff who was not a lawyer, yet the character of the case, as disclosed by all the papers, showed there were no such questions. Welch v. Darragh, 52 N. Y. 590 , and other cases required that the judge below should make the order appealed from. Order affirmed, with ten dollars costs.

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