Miller v. Larmer — 32 N.Y.S. 1146

Majority

p. 1146

MILLER et al., Appellants, v. LARMER, Respondent.

(Supreme Court, General Term, First Department.

March 15, 1895.)

Headnote

Action by George W. Miller and others, executors, against William J. Larmer.

A. B. Cruikshank, for appellants. A. A. Spear, for respondent.

The appellants, not having served or filed exceptions to the decision of the special term, are not in a position to challenge the findings of fact or the conclusions of law. The exceptions taken by the appellants to the reception and exclusion of evidence were not argued at the bar of this court, nor on their brief, and, besides, none of them are tenable. The judgment should be affirmed, with costs.