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Kirkwood v. Gehring

59 N.Y. St. Rep. 883 Court N.Y. Gen. Term Decision date 1894-05-14 English

Delivered by Dykman, J.

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Majority

p. 883
Jane Kirkwood, Resp’t, v. Frank Gehring, App’lt.

This is an appeal from a judgment entered upon the decision of a judge after a trial before him without a jury. No case iuis been made, and the record contains no evidence except some exhibits. We can base our examination upon nothing but the findings of the judge, which we must as-, sume are supported and justified by evidence, and upon that assumption they are sufficient to sustain the judgment. The judgment should be affirmed, with costs.