Exner v. O'Gara

Appellate Terms of the Supreme Court of New York

Exner v. O'Gara

36 Misc. 763, 74 N.Y.S. 1125

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 15, 1901

StatusPublished

This text of 36 Misc. 763 (Exner v. O'Gara) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Exner v. O'Gara, 36 Misc. 763, 74 N.Y.S. 1125 (N.Y. Ct. App. 1901).

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Opinion

Freedman, P. J.

No order denying a motion for a new trial having been entered herein, this appeal can only be determined upon the exceptions taken by the defendant at the trial. The only ground urged by the appellant for a reversal of the judgment is that raised by an exception taken to the ruling of the trial judge upon a question propounded to a witness named Boyle. Notwithstanding an objection to the question was interposed by the plaintiff’s counsel, and the objection was sustained by the court and an exception taken thereto, it appears from the record that the question was answered by the witness, and that his answer was most favorable to the position taken by the defendant upon the trial. The exception taken was therefore not available and constitutes no ground for a- reversal of the judgment.

McAdam and Gildersleeve, JJ., concur.

Judgment affirmed, with costs.

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Freedman, P. J.

No order denying a motion for a new trial having been entered herein, this appeal can only be determined upon the exceptions taken by the defendant at the trial. The only ground urged by the appellant for a reversal of the judgment is that raised by an exception taken to the ruling of the trial judge upon a question propounded to a witness named Boyle. Notwithstanding an objection to the question was interposed by the plaintiff’s counsel, and the objection was sustained by the court and an exception taken thereto, it appears from the record that the question was answered by the witness, and that his answer was most favorable to the position taken by the defendant upon the trial. The exception taken was therefore not available and constitutes no ground for a- reversal of the judgment.

McAdam and Gildersleeve, JJ., concur.

Judgment affirmed, with costs.

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Bluebook (online)

36 Misc. 763, 74 N.Y.S. 1125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/exner-v-ogara-nyappterm-1901.