Hyperlawhypertext legal database McNish v. Bowers 37 N.Y. Sup. Ct. 214

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McNish v. Bowers

37 N.Y. Sup. Ct. 214 Court N.Y. Gen. Term English

Judges Present — Learned, P. J., Bookes and Boardman, JJ.

Delivered by Learned, P. J.

Contents

Majority

p. 214
GEORGE W. McNISH, Appellant, v. CARRIE A. BOWERS, Respondent.[1]

Headnote

Case and exceptions — the judge or referee must sign and order them to be annexed to the roll — Rule 35 — evidence must not be set forth ia base verba — Rule 34.
Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court without a jury.
The Court at General Term said : “ This case is not in a condition to be heard. The case and exceptions are not signed by the judge nor ordered to be annexed to the roll. (Rule 35.) The rule forbids the clerk to annex any case or exceptions to the roll unless so ordered by the judge or referee. We have uniformly insisted that this rule be observed. Besides the case contains the evidence
p. 215
in Turn verba, contrary to Rule 34, and must be re-settled in this respect.”
Case sent back for re-settlement and sighing.
Dailey db Bentley, for the appellant.
Robert Stephens, for the respondent.

Mem. by

Present — Learned, P. J., Bookes and Boardman, JJ.

Case not settled. Sent back for proper settlement.