Millar v. Larmer — 92 N.Y. Sup. Ct. 313

Majority

p. 313

George W. Millar and Another, as Executors, etc., of John Morton, Deceased, Appellants, v. William J. Larmer, Respondent.

Headnote

Findings of fact and lam — not reviewed on appeal in the absence of exceptions.

Where the parties appealing from a judgment fail to serve or file exceptions to the decision of the Special Term upon which the judgment was entered, they are not, upon appeal, in a position to challenge the findings of fact or conclusions of law Of that court.

Appeal by the plaintiffs, George W. Millar and another, as executors, etc., of John Morton, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 7th day of November,

p. 314

1894, upon the decision of the court rendered after a trial at the New York Special Term.

A. B. Cruihshanlc, for the appellants.

A. A. /Spear, for the respondent.

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, nor on their brief, and besides none of them is tenable.

The judgment should be affirmed, with costs.

Present — Yan Brunt, P. J., O’Brien and Follett, JJ.

Judgment affirmed, with costs.