Majority
p. 114Shirley J. Green, Resp’t, v. Noah B. Shute, Impleaded, etc., App’lt. (City Court of New York, General Term, Filed October 3, 1889.)
Headnote
Practice — Settlement of case.The certification of the trial judge on the facts of the case is conclusive, and his action in determining as to what had occurred cannot he reviewed.
Appeal from order declining to re-settle case.
Seaman & Conger, for app’lt; William G. McCrea, for resp’t.
The trial judge settled the case, and we must accept his certification on the facts as conclusive. To do otherwise would be to substitute our opinion for his knowledge. There was a dispute as to what occurred, and the trial judge determined
p. 115
it. His action cannot be reviewed. Klein v. Second Ave. R. R. Co., 53 N. Y. Supr. Ct., 531 ; 1 N. Y. State Rep., 782; Tweed v. Davis, 1 Hun, 252 ; Porter v. Parks, 2 id., 675; Grossman v. Supreme Lodge, 22 N. Y. State Rep., 522.
It follows that the appeal must be dismissed, with costs.
McAdam, Ch. J., and Nehrbas, J., concur.