Majority
p. 494Morris A. Meyers, Resp’t, v. Annie Cohn, App’lt. (City Court of New York, General Term, Filed March 17, 1893.)
Headnote
Appeal — Questions brought up por review.Where no order is entered denying a motion for a new trial on the minutes, the appeal brings up for review only such errors as were committed on the trial.
Appeal from judgment entered on verdict in favor- of the plaintiff.
C. Meyers and R. M. Henry, for app’lt; H. Moses and E. W. J. Johnston, for resp’t.
We have repeatedly enforced the rule, that where no order is entered denying the motion for a new trial on the judge’s minutes, the appeal brings up for review only such errors as were committed at the trial. McArdle v. Smith, 48 St. Rep., 507 , and cases cited.
No order was entered in this instance, and the rule must be applied.
The action was for brokerage in selling certain real estate belonging to the defendant.
The case went to the jury on conflicting evidence, and they found for the plaintiff.
No error appears to have been committed during the trial to the prejudice of the defendant, and as the facts are not before us for review we must affirm the judgment, with costs.
McG-own and Fitzsimons, JJ., concur.