Tucker v. McLean

New York Supreme Court

Tucker v. McLean

21 N.Y.S. 224, 50 N.Y. St. Rep. 936

DecidedDecember 12, 1892

StatusPublished

This text of 21 N.Y.S. 224 (Tucker v. McLean) 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

Tucker v. McLean, 21 N.Y.S. 224, 50 N.Y. St. Rep. 936 (N.Y. Super. Ct. 1892).

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Opinion

PRATT, J.

An examination of the case discloses no errors of law. The questions to be considered are of fact. The conflict of testimony is great, but we finally conclude that the rules that control onr action do -not permit us to interfere with the judgment. When the trial judge, •who has seen and heard the witnesses, has determined the facts, the case must be substantially free from doubt to justify a reviewing court in disturbing the decision. We are not able to say that this case is •such, and the judgment must be affirmed, with costs. "

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PRATT, J.

An examination of the case discloses no errors of law. The questions to be considered are of fact. The conflict of testimony is great, but we finally conclude that the rules that control onr action do -not permit us to interfere with the judgment. When the trial judge, •who has seen and heard the witnesses, has determined the facts, the case must be substantially free from doubt to justify a reviewing court in disturbing the decision. We are not able to say that this case is •such, and the judgment must be affirmed, with costs. "

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Bluebook (online)

21 N.Y.S. 224, 50 N.Y. St. Rep. 936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tucker-v-mclean-nysupct-1892.