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Foot v. Gumaer's Executors

12 Wend. 195 Court N.Y. Sup. Ct. Decision date 1834-06-19 English

Delivered by Sutherland, J.

Contents

Majority

p. 195
Foot & Bebee vs. Gumaer’s Executors.

Headnote

A certificate of a circuit judge that the demand of a plaintiff had been unreasonably resisted by executors, states the fact, and not the evidence of ike fact If the certificate is erroneous, it must be -corrected on motion.
On a certificate of a circuit judge, that the demand of the plaintiffs had been unreasonably resisted, a motion was made that the plaintiffs be allowed costs, which was resisted, on the ground that the certificate did not state the evidence upon which the conclusion of the judge was founded — but
June 19

By the Court,

The evidence need not be stated. The order for costs is made in reference to the facts that appeared on the trial, certified by the judge before whom the trial was had. 2 R. S. 90, § 41. If the evidence did not warrant the certificate, application must be made to this court to set it aside.

Motion granted.