Miller v. Larmer — 65 N.Y. St. Rep. 877

Majority

p. 877

George W. Miller et al., App’lts, v. William J. Larmer, Resp’t.

Sup. Ct., 1 D.,

March 15, 1895.

A. B. Cruikshank, for app’lts; A. A. Spear, for resp’t.

The appellants, not having served or filed exceptions to the decision of the special term are not in a position to challenge the findings of fact or the conclusions of law. The exceptions taken by the appellants to the reception and exclusion of evidence were not argued at the bar of this court,

p. 878

nor on their brief, and, besides, none of them are tenable. The judgment should be affirmed, with costs.