Civil Procedure · MBE-tested
Kate E. Knickerbocker, Plaintiff, v. Frank B. Candee and Another, Individually and as Executors, etc., and Others, Respondents. Oliver D. Burden, Referee, Appellant
172 A.D. 931·New York Supreme Court, Appellate Division·1916·NY
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Opinion
Kate E. Knickerbocker, Plaintiff, v. Frank B. Candee and Another, Individually and as Executors, etc., and Others, Respondents. Oliver D. Burden, Referee, Appellant.
Partition — compensation of referee.
Appeal from a judgmentbf the Supreme Court, entered in the Onondaga county clerk’s office on the 6th day of September, 1913.
[MAJORITY — Per Curiam:]
Per Curiam:
Assuming that the referee has sufficient standing to appeal from the judgment so far as it relates to his fees, we are of the opinion that the Special Term correctly decided that the limitation of $500 contained in section 3297 of the Code of Civil Procedure applies to actions of partition. Judgment affirmed, without costs. All concurred.