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Mooney v. New York Elevated Railroad

29 N.Y. St. Rep. 1001 Court N.Y.C.P. Decision date 1890-02-03 English

Contents

Majority

p. 1001
James Mooney, Resp’t, v. The N. Y. Elevated R. R. Co. et al., App’lts.

Headnote

Appeal from an order of Hon. R. L. Larremdre, Oh. J., declaring certain requests to find on the part of the defendants to he no part of the judgment roll, and directing the clerk to remove the same from the judgment roll.

The chief judge, before whom this case was tried, and to whom the requests to find should, therefore, have been properly submitted, having, upon all the papers presented upon this appeal, determined that the defendant’s requests objected to were not properly presented to him, and all the facts being within iiis knowledge at the time of such determination, we see no good reason for disturbing the order made by him.

The order appealed from should, therefore, he affirmed, with costs.