Kirkwood v. Gehring — 28 N.Y.S. 1113

Majority

p. 1113

KIRKWOOD, Respondent, v. GEHRING, Appellant.

(Supreme Court, General Term, Second Department.

May 14, 1894.)

Headnote

Appeal from circuit court, Kings county.

Action by Jane Kirkwood against Frank Gehring.

Magner & Hughes (Thomas F. Magner, of counsel), for appellant

Hurd & Grim (Wm. B. Hurd, Jr., of counsel), for respondent.

This is an appeal from a judgment entered upon the decision of a judge after a trial before him without a jury. No case has been made, and the record contains no evidence except some exhibits. We can base our examination upon nothing but the findings of the judge, which we niust assume are supported and justified by evidence, and upon that assumption they are sufficient to sustain the judgment. The judgment should be affirmed, with costs.