Mundorff v. Mundorff 14 N.Y. 635

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.