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Balz v. Shaw

65 N.Y. St. Rep. 418 Court N.Y. City Ct. Decision date 1895-02-11 English

Delivered by Ehrlich, C. J.

Contents

Majority

p. 418
Jacob Balz, App’lt, v. Daniel M. Shaw, Resp’t.
(New York City Court, General Term,
Filed February 11, 1895.)

Headnote

Appeal—Case—Settlement.
Where the facts are disputed, the settlement of the case by the trial judge is conclusive.
Appeal from an order, declining to correct the case on appeal.
John P. Schuchman, for app’lt; J. M. Fiske, for resp’t.

The order appealed from having been made by the trial judge, we think we must, in view of the facts, accept his certification as conclusive thereon. To do. otherwise would be to substitute o.ur opinion.' for his knowledge. ■ There was a dispute as to what occurred, and the trial judge determined it, • • Green v.

p. 419
Shute, 27 St. Rep. 816 ; Dearing v. Pearson, 55 id. 774; affirmed 59 id. 207. For these reasons the Order appealed from must be affirmed, with costs.