Thompson v. Schwartz
This text of 57 N.Y.S. 416 (Thompson v. Schwartz) 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 case was tried before the court without a jury. The trial judge filed a short decision, under section 1022 of the Code of' Civil Procedure, which directed a judgment in favor of the plaintiff. To that decision the defendant filed no exception, but simply appealed from the judgment. By section 1022 of the Code, in the event of a decision being filed under that section, not stating separately the facts-found, a general exception is necessary, to review a judgment entered-upon such decision, in the absence of which there is nothing for this court to review.
It follows that the judgment should be affirmed, with costs.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
57 N.Y.S. 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-schwartz-nyappdiv-1899.