Booth v. Simpson

New York Court of Common Pleas

Booth v. Simpson

18 N.Y.S. 951, 45 N.Y. St. Rep. 104

New York Court of Common Pleas·Decided March 18, 1892·Published

Opinion

Per Curiam:.

The question litigated in the court below was one of fact, and the judgment appealed from was rendered upon a conflict of evidence. In such a case this court will not reverse unless the evidence so greatly preponderated in favor of the appellant that its disregard amounted to a perversion of justice. Upon an examination of the record we cannot say that injustice has been done the appellants, and this motion must therefore be denied. Motion denied, with $10 costs.

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Per Curiam:.

The question litigated in the court below was one of fact, and the judgment appealed from was rendered upon a conflict of evidence. In such a case this court will not reverse unless the evidence so greatly preponderated in favor of the appellant that its disregard amounted to a perversion of justice. Upon an examination of the record we cannot say that injustice has been done the appellants, and this motion must therefore be denied. Motion denied, with $10 costs.

Booth v. Simpson, 18 N.Y.S. 951, 45 N.Y. St. Rep. 104 (N.Y. Super. Ct. 1892).

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