Balz v. Shaw

City of New York Municipal Court

Balz v. Shaw

32 N.Y.S. 220, 11 Misc. 444

DecidedFebruary 11, 1895

StatusPublished

This text of 32 N.Y.S. 220 (Balz v. Shaw) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Balz v. Shaw, 32 N.Y.S. 220, 11 Misc. 444 (N.Y. Super. Ct. 1895).

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Opinion

EHRLICH, C. J.

The order appealed from having been made by

trial judge, we think we must, in view of the facts, accept his certification as conclusive thereon. To do otherwise would be to substitute our opinion for his knowledge. There was a dispute as to what occurred, and the trial judge determined it. Green v. Shute (City Ct. N. Y.) 7 N. Y. Supp. 69; Dearing v. Pearson (City Ct. N. Y.) 26 N. Y. Supp. 74, affirmed (Com. Pl. N. Y.) 28 N. Y. Supp. 715. For these reasons the order appealed from must be affirmed, with costs.

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EHRLICH, C. J.

The order appealed from having been made by

trial judge, we think we must, in view of the facts, accept his certification as conclusive thereon. To do otherwise would be to substitute our opinion for his knowledge. There was a dispute as to what occurred, and the trial judge determined it. Green v. Shute (City Ct. N. Y.) 7 N. Y. Supp. 69; Dearing v. Pearson (City Ct. N. Y.) 26 N. Y. Supp. 74, affirmed (Com. Pl. N. Y.) 28 N. Y. Supp. 715. For these reasons the order appealed from must be affirmed, with costs.

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32 N.Y.S. 220, 11 Misc. 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balz-v-shaw-nynyccityct-1895.

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