Judges: Beady, Concm, Daniels, Davis, Red
Filed Date: 10/15/1876
Status: Precedential
Modified Date: 11/12/2024
This was an action for the foreclosure of a mortgage. Justice Van Voest, before whom the trial was had at Special Term, made an interlocutory decree directing a reference for certain purposes, and that on the coming in of the report the plaintiff have final 'judgment, etc. The report of the referee was sent back for further findings, and a supplemental report having been made, a motion was made at chambers and Special Term to confirm the reports. This motion was denied, and it would seem because the motion was not made at the Special Term proper, the tribunal in which the interlocutory decree was made. In the distribution of the business of this court in this department, the chambers and Special Term for non-enumerated motions are held each month, but the Special Term for enumerated motions, and for trials in equity causes and of issues of law, are not so frequently held, and are entirely distinct. The tribunal for the disposition of contested cases in equity, upon complaint and answer, is a different branch of this court from that of the allied chambers and Special Term,
For these reasons the order appealed from should be affirmed; but we think, under the circumstances, without costs of the appeal to either party, and without prejudice to a renewal of the application at the Special Term.
Order affirmed, without costs.