Wallace v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Wallace v. Metropolitan Street Railway Co.

84 N.Y.S. 253

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1903

StatusPublished

This text of 84 N.Y.S. 253 (Wallace v. Metropolitan Street Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wallace v. Metropolitan Street Railway Co., 84 N.Y.S. 253 (N.Y. Ct. App. 1903).

Pincite

Opinion

MacLEAN, J.

The learned justice before whom this cause was tried has denied a motion to resettle the case on appeal by inserting exceptions not appearing in the minutes of the stenographer. While it might be expected that counsel of experience would take the exceptions claimed to have been taken during the trial, this court will" not revise the determination of the trial justice upon conflicting affidavits and the negative evidence of the stenographer’s minutes.

Order affirmed, with costs. All concur.

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MacLEAN, J.

The learned justice before whom this cause was tried has denied a motion to resettle the case on appeal by inserting exceptions not appearing in the minutes of the stenographer. While it might be expected that counsel of experience would take the exceptions claimed to have been taken during the trial, this court will" not revise the determination of the trial justice upon conflicting affidavits and the negative evidence of the stenographer’s minutes.

Order affirmed, with costs. All concur.

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Bluebook (online)

84 N.Y.S. 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-metropolitan-street-railway-co-nyappterm-1903.