...they would be entitled to maintain against their partner the assignor, were no such assignment made. Appeal from a judgment entered upon the report of a referee. The complaint in this action, which was verified, was as follows : — TITLE OF THK CAUSE. City and County...

...proceedings on the judgment, a copy of a proper undertaking must be served, with the notice of appeal 402 An appeal from a judgment entered upon the report of a referee does not operate to stay execution without an undertaking, unless a judge so order. Such undertaking...

...Ct. of Appeali, Hunt a. Bloomer, 12 How. Pr. Ji., 567. 9. It has been more or less understood, that an appeal from a judgment entered upon the report of a referee, may be taken upon the record containing the report, and without any case being made, ,where it is intended...

...Fourth District, General Term, Plattsburgh, May, 1858. CL ALLEN, JAMES and ROSEKRANS, Justices. THIS is an appeal from a judgment entered upon the report of a referee. The complaint is for work and labor for the defendant in sawing lumber, viz : " that he sawed and converted...

...expended in completing the work, and the sums stipulated in the contract for any failures or omissions. APPEAL from a judgment entered upon the report of a referee. The action was brought by a sub-contractor to enforce a mechan ic's lien on a building erected in the city...

...upon il^.' face of his report. Ct. of Appeals, 1857, Turner «. Haight, 16 NY (2 Smith), 465. 474. An appeal from a judgment, entered upon the report of a referee, cannot be taken upon the record containing the report without any case being made, even though it is...

...(Before ROBERTSON, Ch. .1., and MONBLL and GARVIK, .1.1.) Heard May 9, 1866 ; decided March — , 186& APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiffs, composing the firm of David Dows & Co. against the defendant,...

...which this question arose.2 1 Siordet v. Brodie, 3 Camp. 253. i Briggs v. Vanderbilt, 19 Barb. 222, was an appeal from a judgment entered upon the report of a referee. There were seven other actions brought against defendants for the same causes of action as those in...

...relief the satisfaction of the charge out of the specilio property subjected thereto, in essential. ouse with covered head and in great distress, yet not dishearten action was brought upon three promissory notes, having upon each the special indorsement of the defendant,...

...reversed with costs. Bauder v. Lasher. Opinion by Miller, PJ HIGHWAY. Obstruction, action for. — This is an appeal from a judgment entered upon the report of a referee in favor of the plaintiff. The action was brought for obstructing a highway. Defendant in his answer...