Palmer v. Phenix Insurance

New York Supreme Court

Palmer v. Phenix Insurance

29 N.Y. Sup. Ct. 224

DecidedSeptember 15, 1880

StatusPublished

This text of 29 N.Y. Sup. Ct. 224 (Palmer v. Phenix Insurance) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Palmer v. Phenix Insurance, 29 N.Y. Sup. Ct. 224 (N.Y. Super. Ct. 1880).

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Opinion

Per Curiam :

We are of opinion that under section 1023 of the new Code, and other sections touching, the subject, a judge or referee cannot be required, or permitted, to make additional findings of fact or law, upon the settlement of the case, after his report or decision has been rendered. So far as Rule 32 conflicts with this section it is inoperative.

Present — Learned, P. J., Bocees and Westbrook, JJ.

Order affirmed, with $10 costs, and disbursements.

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Per Curiam :

We are of opinion that under section 1023 of the new Code, and other sections touching, the subject, a judge or referee cannot be required, or permitted, to make additional findings of fact or law, upon the settlement of the case, after his report or decision has been rendered. So far as Rule 32 conflicts with this section it is inoperative.

Present — Learned, P. J., Bocees and Westbrook, JJ.

Order affirmed, with $10 costs, and disbursements.

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Bluebook (online)

29 N.Y. Sup. Ct. 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-phenix-insurance-nysupct-1880.