General
Apollonie Mundorff, Respondent, v. Jacob Mundorff, Administrator, etc., Appellant
59 N.Y. 635·New York Court of Appeals·1874·NY
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Opinion
Apollonie Mundorff, Respondent, v. Jacob Mundorff, Administrator, etc., Appellant.
(Argued November 17, 1874;
decided November 24, 1874.)
Appeal from order of General Term, affirming an order of reference to take and state an account.
Reported below, 1 Uun, 306.
This was an equity action. It was referred, by stipulation, to a referee, “ to try all the issues of the action, and to take any account that he may determine should be taken.” The referee proceeded with the trial and made and filed a report ¿determining the issue, but refused to take an account, whereupon, on this motion, a new referee was appointed for that purpose. Held, that the order was. not reviewable here.
F. G. McDonald for the appellant.
Wm. Walsh for the respondent.
[MAJORITY]
Agree to dismiss appeal; no opinion.
All concur.
Appeal dismissed.