Catlin v. . Adirondack Company
Cases that cite this one
5 later published cases cite this decision.
- Simmons v. Westwood Apartments Co. (New York Supreme Court 1965)
- Saranac Land Timber Co. v. . Roberts (N.Y. 1918)
- Mitchell v. Village of White Plains (Appellate Division of the Supreme Court of New York 1896)
- Morgenthau v. Walker (New York Court of Common Pleas 1893)
- Lennon v. Smith (New York Court of Common Pleas 1892)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The reversal of the judgment upon the referee’s report and the granting of a new trial did not of itself vacate the order of reference. It stands unless provision is made to the contrary, or the order is vacated upon motion. This has been decided in numerous cases in the Supreme Court. The practice has been to "construe the order granting a new trial as directing such new trial before the same referee, unless otherwise specially provided. Therefore, even if the powers of the referee were exhausted when he filed his report, they were revived by the order to try the case.
In Develin v. The Mayor (54 How. 11), it was stated by the chief judge that the reversal of the judgment on the referee’s report did not vacate the order of reference, and the appeal was dismissed upon the ground that the order was not appealable. The same disposition should be made of this appeal, and it should be dismissed, with costs.
All concur, except Miller, J., not voting.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.