# Whalen v. Board of Supervisors of Albany

> New York Supreme Court · December 15, 1851 · 6 How. Pr. 278

URL: https://www.frixlaw.com/law-library/cases/5467878

## Case

- **Full name:** Whalen, agt. The Board of Supervisors of the County of Albany
- **Court:** New York Supreme Court
- **Decided:** December 15, 1851
- **Citations:** 6 How. Pr. 278
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Harris
- **Judges:** Harris
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5467878

## Opinion text

By the Court, Harris, Justice.
The only question in this ease is whether the defects specified are sufficient to warrant us in setting aside the judgment. These defects, such as they were, were waived by the plaintiff appearing before the referee and arguing the cause without any objection. Besides, we think, the stipulation by its terms was sufficient to confer jurisdiction upon the referee, and we should feel bound, even now, to order *279 a rule of reference to be entered upon it nunc fro tunc. The decision of the judge below must be affirmed in this and the four other causes depending on the same question, with ten dollars costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5467878. Public record. Not legal advice.