Strebel v. Smith
This text of 208 A.D. 751 (Strebel v. Smith) 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 defendant does not claim that the complaint is insufficient. She claims that it does not state a cause of action in equity. We are of the opinion that it does state an equitable cause of action. If otherwise, however, the defendant is in no position to raise the question, having failed to procure a ruling thereon and to except to such ruling if adverse: (Hand v. Kennedy, 83 N. Y. 149, 155.) The findings although unnecessarily numerous contain such as are essential to sustain the judgment. A careful consideration of the evidence leads us to the conclusion that such findings as are essential to support the judgment are themselves supported by the evidence. Judgment unanimously affirmed, with costs.
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208 A.D. 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strebel-v-smith-nyappdiv-1924.