In re Barnum

Appellate Division of the Supreme Court of New York

In re Barnum

240 A.D. 803

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 15, 1933

StatusPublished

Cited by2 cases

This text of 240 A.D. 803 (In re Barnum) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Barnum, 240 A.D. 803 (N.Y. Ct. App. 1933).

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Opinion

Order affirmed, with ten dollars costs and disbursements. We construe the order of reference to be one to take proof and report and not to vest in the referee any power to make a determination upon a question of fact or law. The findings of fact and conclusions of law to be reported, therefore, are merely for the assistance of the judge in hearing and determining the matter, and we find the justification for a reference of this character in the words of the statute “ and in such manner as such judge may direct.” All concur; Edgcomb, J., not sitting.

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Order affirmed, with ten dollars costs and disbursements. We construe the order of reference to be one to take proof and report and not to vest in the referee any power to make a determination upon a question of fact or law. The findings of fact and conclusions of law to be reported, therefore, are merely for the assistance of the judge in hearing and determining the matter, and we find the justification for a reference of this character in the words of the statute “ and in such manner as such judge may direct.” All concur; Edgcomb, J., not sitting.

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Bluebook (online)

240 A.D. 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-barnum-nyappdiv-1933.

Opinion

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