Summary
In Rogers v. Durant (56 N.Y. 669) we held that an order appointing a referee, and requiring one who has refused to make an affidavit claimed to be necessary for the purpose of a motion to appear before such referee and make affidavit (Code, § 401), did not affect a substantial right of the witness, and was not reviewable in this court.
Summary of this case from Berdell v. BerdellOpinion
Argued April 28, 1874
Decided May 26, 1874
Carlisle Norwood, Jr., for the appellant.
Ira Shafer for the respondent.
RAPALLO, J., reads memorandum for dismissal of appeal.
All concur.
Appeal dismissed.