Morgenthau v. Walker

PRYOR, J. In Catlin v. Adirondack Co., 19 Hun, 389, 81 N. Y. 379, it was decided that a reversal of a judgment does not per se operate a vacatur of the order of reference. But a subsequent amendment of the Code (section 1011) provides that “the court must appoint another referee.” We merely reverse the judgment, and direct a new trial, leaving to the court below either to name another referee or to vacate the order of reference, as justice may seem to require.