Goodstein v. Feinberg

Appellate Terms of the Supreme Court of New York

Goodstein v. Feinberg

137 N.Y.S. 875

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 8, 1912

StatusPublished

Cited by1 cases

This text of 137 N.Y.S. 875 (Goodstein v. Feinberg) 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

Goodstein v. Feinberg, 137 N.Y.S. 875 (N.Y. Ct. App. 1912).

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Opinion

PER CURIAM.

This is an appeal taken by the plaintiff from a judgment in favor of the defendant.

[1] The notice of appeal states that the appeal will bring up for review an order made by a justice of the Municipal Court, before whom the case was once tried, setting aside a judgment in favor of the plaintiff and ordering a new trial. No appeal was taken from that order, and the plaintiff appeared upon the day fixed for a néw trial and proceeded therewith without objection. He is thereby precluded from now contesting the validity of- that order, which could only be done upon appeal therefrom.

[2] Upon the merits of this appeal there was nothing but a question of fact, with conflicting evidence, and the judgment, not appearing to be against the weight of evidence, should not be disturbed.

Judgment affifmed, with costs.

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PER CURIAM.

This is an appeal taken by the plaintiff from a judgment in favor of the defendant.

[1] The notice of appeal states that the appeal will bring up for review an order made by a justice of the Municipal Court, before whom the case was once tried, setting aside a judgment in favor of the plaintiff and ordering a new trial. No appeal was taken from that order, and the plaintiff appeared upon the day fixed for a néw trial and proceeded therewith without objection. He is thereby precluded from now contesting the validity of- that order, which could only be done upon appeal therefrom.

[2] Upon the merits of this appeal there was nothing but a question of fact, with conflicting evidence, and the judgment, not appearing to be against the weight of evidence, should not be disturbed.

Judgment affifmed, with costs.

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Bluebook (online)

137 N.Y.S. 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodstein-v-feinberg-nyappterm-1912.

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