Witherbee v. Taft
This text of 62 N.Y.S. 242 (Witherbee v. Taft) 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
We are called upon in this case to consider the evidence given before the trial court. There is, however, no proof before us that a case containing the evidence has ever been settled by the trial justice or ordered to be filed. The return filed in this court shows no such settlement. The printed papers handed up purport to contain a case and exceptions, but they do not appear to have been settled or signed by the trial justice, as required by the rules and practice of the court. . Evidently it is not the object of either party to have the appeal disposed of on the judgment roll alone.
Case sent back for proper settlement and certification.
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Cite This Page — Counsel Stack
62 N.Y.S. 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/witherbee-v-taft-nyappdiv-1900.