Schwartz v. Bendel

New York Court of Common Pleas

Schwartz v. Bendel

2 E.D. Smith 123

DecidedMay 15, 1853

StatusPublished

This text of 2 E.D. Smith 123 (Schwartz v. Bendel) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schwartz v. Bendel, 2 E.D. Smith 123 (N.Y. Super. Ct. 1853).

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Opinion

By the Court. Woodruff, J.

The notice of appeal in this case assigns no grounds therefor. The statute is explicit on this subject, (Code, § 353,) and we should be warranted in dismissing the appeal upon this ground.

I have, nevertheless, looked at the defendant’s affidavit, which was submitted to us with the return, and I find it there stated, that the ground of appeal is, that the judgment was rendered upon insufficient evidence, and against the weight of evidence. I think this has no just foundation.

[124]*124It is plainly a case in which the finding of the court below should be sustained.

We have not examined the other affidavits submitted, for the reason that we have no power to order a new trial, on the ground that the defendant has discovered further evidence.

The judgment must be affirmed, with costs.

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By the Court. Woodruff, J.

The notice of appeal in this case assigns no grounds therefor. The statute is explicit on this subject, (Code, § 353,) and we should be warranted in dismissing the appeal upon this ground.

I have, nevertheless, looked at the defendant’s affidavit, which was submitted to us with the return, and I find it there stated, that the ground of appeal is, that the judgment was rendered upon insufficient evidence, and against the weight of evidence. I think this has no just foundation.

[124]*124It is plainly a case in which the finding of the court below should be sustained.

We have not examined the other affidavits submitted, for the reason that we have no power to order a new trial, on the ground that the defendant has discovered further evidence.

The judgment must be affirmed, with costs.

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Bluebook (online)

2 E.D. Smith 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-bendel-nyctcompl-1853.