Majority
p. 282Jane Kirkwood, as Administratrix, etc., Resp’t, v. Frank Gehring, as General President, etc., App’lt. (Supreme Court, General Term, Second Department, Filed May, 1894.)
Headnote
Appeal—Findings.Findings of the trial judge will be assumed to be justified by the evidence, when no case upon appeal has been made, and the record contains no evidence except some, exhibits.
Appeal from a judgment of the supreme Court in favor of the plaintiff, entered upon the decision of the court rendered after a trial.
Thomas T. Magner, for app’lt; Wm. B. Hurd, Jr., for resp’t.
—This is an appeal from, a judgment entered upon the decision of a judge after a trial before him without a jury.
Mo case has 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 assume are supported and justified by evidence, and upon that assumption they are sufficient to sustain the judgment.
The judgment should be affirmed, with costs.
Brown, P. J., and Pratt, J., concur.