Kirkwood v. Gehring

New York Supreme Court

Kirkwood v. Gehring

28 N.Y.S. 1113, 85 N.Y. Sup. Ct. 233, 59 N.Y. St. Rep. 883

DecidedMay 14, 1894

StatusPublished

This text of 28 N.Y.S. 1113 (Kirkwood v. Gehring) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kirkwood v. Gehring, 28 N.Y.S. 1113, 85 N.Y. Sup. Ct. 233, 59 N.Y. St. Rep. 883 (N.Y. Super. Ct. 1894).

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Opinion

DYKMAN, J.

This is an appeal from a judgment entered upon the decision of a judge after a trial before him without a jury. No case has been made, and the record contains no evidence except some exhibits. We can base our examination upon nothing but the findings of the judge, which we niust assume are supported and justified by evidence, and upon that assumption they are sufficient to sustain the judgment. The judgment should be affirmed, with costs.

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DYKMAN, J.

This is an appeal from a judgment entered upon the decision of a judge after a trial before him without a jury. No case has been made, and the record contains no evidence except some exhibits. We can base our examination upon nothing but the findings of the judge, which we niust assume are supported and justified by evidence, and upon that assumption they are sufficient to sustain the judgment. The judgment should be affirmed, with costs.

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Bluebook (online)

28 N.Y.S. 1113, 85 N.Y. Sup. Ct. 233, 59 N.Y. St. Rep. 883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirkwood-v-gehring-nysupct-1894.