Bailey v. Gluth — 47 N.Y. St. Rep. 931

Majority

p. 931

Edwin Bailey et al., Resp’ts, v. Barbara Gluth, App’lt.

Headnote

Appeal from judgment of Suffolk county court, affirming justice’s judgment in favor of plaintiffs.

Andrew Heyman, for resp’ts; T. M. Griffing, for app’lt.

—In the original return of the justice the testimony is presented in a form that makes it difficult to discern what the evidence really was. But enough appears from the original and amended returns to show that a fair question of fact was presented to the justice for decision.

As there was evidence to support the judgment no error of law was committed, and this court has no power on appeal to consider the weight of evidence or disturb the finding of fact. Thurber v. Townsend, 22 N. Y., 517 .

The judgment appealed from should be affirmed, with costs.

Barnard, P. J., and Dykman, J., concur.