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" The finding of the referee or commissioner upon the whole issue must stand as the finding of the court, and upon filing of the finding with the clerk of the court, judgment may be entered thereon in the same manner as if the action had been tried by the... "
Reports of Cases in Law and Equity in the Supreme Court of the State of New York - Page 336
by Oliver Lorenzo Barbour, New York (State). Supreme Court - 1859
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Laws of the State of New York, Volume 1

New York (State) - 1849 - 864 pages
...issue shall Report to stand as the decision of the court, and judgment may be entered J£J^ thereon in the same manner as if the action had been tried by the conn! court ; and their decision may be excepted to and reviewed in like manner, or a rehearing may...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...§ 227. The report of the referees upon the whole issue, shall stand as the decision of the court, in the same manner as if the action had been tried by the court; and tlieir decision upon the matter referred, may be excepted to and reviewed in like manner. § 228....
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 pages
...referees upon the whole issue stands as the decision of the court, and judgment may be entered thereon in the same manner, as if the action had been tried by the court; and their decision may be excepted to and reviewed in like manner. When the reference is to report...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - 1851 - 530 pages
...referee upon the whole issue shall stand as the decision of the court, and judgment, be entered thereon in the same manner as if the action had been tried by the court. By our 24th rule, on filing a report of a referee upon the whole issue, judgment may be entered as...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 pages
...upon the whole ¡«sue shall stand as the decision of the C' urt, and judgment may be entered thereon in the same manner as if the action had been tried by the court ; and their report is not upon the whole issue, it may be reviewed on special motion at a special term....
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 pages
...referees upon the whole issue stands as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court. When the reference is to report the facts, the report has the effect of a special verdict. § 273....
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 pages
...referees upon the whole issue stands as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court. When the reference is to report the facts , the report has the effect of a special verdict. As to the...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 4

Nathan Howard (Jr.) - 1852 - 496 pages
...alteration alone would have hardly made the difference, as it required the judgment upon the report to be entered in the same manner as if the action had been tried by the court, and in that case judgment must be entered upon the direction of a single judge. (§§ 267, 278.) But...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 73

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1890 - 784 pages
...stand as the finding of the court in term-time, unless excepted to, and judgment may be entered thereon in the same manner as if the action had been tried by the court." Section 7382 provides: " Either party, on the hearing before the referees, shall be entitled to take...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 pages
...laid down as follows : issue stands as the decision of the court, and judgment may be entered thereon, in the same manner as if the action had been tried by the court. When the reference is to report the facts, the report has the effect of a special verdict. In a subsequent...
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