Green v. Shute

City of New York Municipal Court

Green v. Shute

26 N.Y. St. Rep. 114

DecidedOctober 3, 1889

StatusPublished

This text of 26 N.Y. St. Rep. 114 (Green v. Shute) 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.

Bluebook

Green v. Shute, 26 N.Y. St. Rep. 114 (N.Y. Super. Ct. 1889).

Pincite

Opinion

Per Curiam.

The trial judge settled the case, and we must accept his certification on the facts as conclusive. 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 [115]*115it. His action cannot be reviewed. Klein v. Second Ave. R. R. Co., 53 N. Y. Supr. Ct., 531; 1 N. Y. State Rep., 782; Tweed v. Davis, 1 Hun, 252; Porter v. Parks, 2 id., 675; Grossman v. Supreme Lodge, 22 N. Y. State Rep., 522.

It follows that the appeal must be dismissed, with costs.

McAdam, Ch. J., and Nehrbas, J., concur.

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Per Curiam.

The trial judge settled the case, and we must accept his certification on the facts as conclusive. 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 [115]*115it. His action cannot be reviewed. Klein v. Second Ave. R. R. Co., 53 N. Y. Supr. Ct., 531; 1 N. Y. State Rep., 782; Tweed v. Davis, 1 Hun, 252; Porter v. Parks, 2 id., 675; Grossman v. Supreme Lodge, 22 N. Y. State Rep., 522.

It follows that the appeal must be dismissed, with costs.

McAdam, Ch. J., and Nehrbas, J., concur.

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Bluebook (online)

26 N.Y. St. Rep. 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-shute-nynyccityct-1889.