Burmester v. O'Brien

Appellate Division of the Supreme Court of New York

Burmester v. O'Brien

151 N.Y.S. 1107

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 8, 1915

StatusPublished

This text of 151 N.Y.S. 1107 (Burmester v. O'Brien) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burmester v. O'Brien, 151 N.Y.S. 1107 (N.Y. Ct. App. 1915).

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Opinion

PER CURIAM.

The circumstances of the sale of the firm book accounts justified the Special Term in surcharging the defendant’s account with the additional items stated in the decree. The defendant alone has appealed. As plaintiff has not taken any cross-appeal, she cannot urge that we increase the judgment in her favor. Burns v. Burns, 190 N. Y. 211, 215, 82 N. E. 1107; St. John v. Andrews Institute, 192 N. Y. 382, 85 N. E. 143. While the 1912 amendment of Code Civ. Proc. § 1317, gives power to modify, affirm, or reverse in whole or in part, and to make new findings, the root of our jurisdiction is by an appeal by the [1108]*1108person aggrieved. As our power is statutory, we cannot dispense with the appeal, which calls into being our power of review. Judgment affirmed, with costs. See, also, 150 N. Y. Supp. 1079.

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PER CURIAM.

The circumstances of the sale of the firm book accounts justified the Special Term in surcharging the defendant’s account with the additional items stated in the decree. The defendant alone has appealed. As plaintiff has not taken any cross-appeal, she cannot urge that we increase the judgment in her favor. Burns v. Burns, 190 N. Y. 211, 215, 82 N. E. 1107; St. John v. Andrews Institute, 192 N. Y. 382, 85 N. E. 143. While the 1912 amendment of Code Civ. Proc. § 1317, gives power to modify, affirm, or reverse in whole or in part, and to make new findings, the root of our jurisdiction is by an appeal by the [1108]*1108person aggrieved. As our power is statutory, we cannot dispense with the appeal, which calls into being our power of review. Judgment affirmed, with costs. See, also, 150 N. Y. Supp. 1079.

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151 N.Y.S. 1107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burmester-v-obrien-nyappdiv-1915.

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