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Allen v. Clark

59 N.Y. St. Rep. 283 Court N.Y.C.P. Decision date 1894-05-17 English

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p. 283
John Allen, Resp’t, v. Francis A. Clark, App’lt.
(New York Common Pleas, General Term,
Filed May 17, 1894.)

Headnote

Appeal—Evidence.
The decision of the general term of the city court upon the question as to the preponderance of evidence is final.
Appeal from a judgment of the general term of the city court affirming a judgment entered upon a report of a referee.
8. Lobenthal, for app’lt; Earley & Prendergast, for resp’t.

It is clear that we cannot review the evidence in order to determine whether there is a preponderance on the one side or the other. The general term of the city court has passed upon that; and its decision is final. The claim that the verdict is against the preponderance of evidence admits that there is some evidence to support the verdict. There is no other quea. tion raised in the points of the appellant, and the judgment must be affirmed, with costs.