Herder v. Clifford
This text of 225 A.D. 780 (Herder v. Clifford) 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.
Opinion
The appeal should be dismissed on the ground that there was in fact a trial of an issue raised by an affirmative defense in the answer; that the [781]*781judgment is without findings or a decision to support it and the matter should be remitted to the Special Term to supply the defects. (Ventimiglia, v. Eichner, 213 N. Y. 147.) Whether there was sufficient evidence to warrant any finding of fact may not be considered now, since the appeal is not properly here. All concur. Present — Clark, Sears, Crouch, Sawyer and Edgcomb, JJ. Appeal dismissed and matter remitted to the Special Term to proceed in accordance with per curiam memorandum, without costs.
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225 A.D. 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herder-v-clifford-nyappdiv-1928.