Majority
p. 757(15 Misc. Rep. 439.) MOSHEIM et al. v. SCHWARTZ. (City Court of New York, General Term. January 28, 1896.) Argued before FITZSIMONS, MCCARTHY, and BOTTY, JJ.
Headnote
Appeal—Notice—View op Facts.Where the notice of appeal in a case tried by jury is from the judgment only, the general term of the city court of New York has no power to review facts.
Appeal from trial term.
Action by J. E. Mosheim & Co. against Harris Schwartz. There was a judgment in favor of plaintiffs, and defendant appeals. Affirmed.
Albert D. Haff, for appellant.
Franklin Bien, for respondents.
The notice of appeal in this case is from the judgment only, and in such case the general term has no power to review a case on the facts where the trial was by jury. There being no appeal from the order denying a new trial, which is unfortunate, only exceptions appearing on the record before rendition of the verdict can be considered. Boos v. Insurance Co., 64 N. Y. 236 , 242; Del Genovese v. Mayor, etc., 14 N. Y. St. Rep. 197 . There are no material exceptions in the case, and judgment must therefore be affirmed, with costs. All concur.
Cases cited
- Boos v. World Mutual Life Insurance 64 N. Y. 236 at 242 p. 757
- Del Genovese v. Mayor, Aldermen & Commonalty 14 N. Y. St. Rep. 197 p. 757