Malone v. Saints Peter & Paul's Church

71 A.D. 622, 76 N.Y.S. 1019

Opinion

Motion to resettle order defiied. Motion-for leave to appeal to the Court of Appeals granted, and question certified as follows: Has the court, in a suit upon a common-law cause of action, brought by an administrator, jurisdiction to order a reference of all the issues in the action to a referee to hear and determine the same when the administrator opposes the granting of such order and demands a trial by jury?