Smith v. Moulson

New York Supreme Court

Smith v. Moulson

34 N.Y.S. 607, 88 Hun 147, 95 N.Y. Sup. Ct. 147, 68 N.Y. St. Rep. 530

CourtNew York Supreme Court

DecidedJune 21, 1895

StatusPublished

Cited by2 cases

This text of 34 N.Y.S. 607 (Smith v. Moulson) 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

Smith v. Moulson, 34 N.Y.S. 607, 88 Hun 147, 95 N.Y. Sup. Ct. 147, 68 N.Y. St. Rep. 530 (N.Y. Super. Ct. 1895).

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Opinion

WARD, J.

The principal objection raised to the judgment by the appellant is that the court found that a contract for the purchase of the land between the parties had not been made, and there was no evidence to support that finding. Where there is a finding of fact without evidence, an exception is necessary to bring the case up for review, as it is a question of law. Mead v. Smith, 28 Hun, 639; Underhill v. Nichols, 8 Wkly. Dig. 276; Healy v. Clark, 120 N. Y. 642, 24 N. E. 316. There was no exception to the ruling of the trial court, filed as required by section 994 of the Code of Civil Procedure. At all events, there should have been exceptions to the conclusion of law that the complaint be dismissed.

The judgment should be affirmed, with costs. All concur.

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WARD, J.

The principal objection raised to the judgment by the appellant is that the court found that a contract for the purchase of the land between the parties had not been made, and there was no evidence to support that finding. Where there is a finding of fact without evidence, an exception is necessary to bring the case up for review, as it is a question of law. Mead v. Smith, 28 Hun, 639; Underhill v. Nichols, 8 Wkly. Dig. 276; Healy v. Clark, 120 N. Y. 642, 24 N. E. 316. There was no exception to the ruling of the trial court, filed as required by section 994 of the Code of Civil Procedure. At all events, there should have been exceptions to the conclusion of law that the complaint be dismissed.

The judgment should be affirmed, with costs. All concur.

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Bluebook (online)

34 N.Y.S. 607, 88 Hun 147, 95 N.Y. Sup. Ct. 147, 68 N.Y. St. Rep. 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-moulson-nysupct-1895.

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