Court of Appeals 1900 Vol. 60

Court of Appeals 1900 Vol. 60

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... number of ivitnesses on behalf of the defendant but also their testimony is V in my judgment of a higher quality than that of u the plaintiff, and less exposed to the imputation of "mendacity. Hence upon all the evidence I direct "a judgment for the defendant dismissing the com"plaint upon the merits" (fol. 484). The amendment of 1805 to 1022 of the Code requires the Trial Court to state how the issues in the case where decided (Schaffer v. Martin, 20 App. Div. 304) and an exception filed to such a written decision, not separately stating the findings of fact and conclusions of law, raises every question of law and fact (Code 1022). And where such a decision places the judgment upon untenable grounds, an error of law is apparent reviewable under the general exception to the decision (daly C. J. in Wandelt vs. Cohen, 15 Misc. 90). And when the Trial Judge in his decision or upon the trial states that an issue is immaterial, it is conclusive that he did not pass upon it (Wandelt vs. Cohen, 15 Misc. 90; Wagener vs. Finch, 65 Barb, 493, 494). Nowhere in this review of the Trial Judge does he consider the paper itself. Not once did he examine it; not once did he compare it with the admittedly genuine signatures of Samuel Boyd and Robert Boyd. He disposes of this question purely and simply from the testimony of the witnesses on the stand. By Title 36 of the Laws of 3 880, page 141, it provided that " Comparison of a disputed writing with "any writing proved to the satisfaction of the "Court to be genuine, shall be permitted to be made "by witnesses in all trials aud proceedings, AND "SUCH WRITINGS and the evidence of the wit "nesses respecting the same MA Y BE SUBMITTED "TO...show more

Product details

  • Paperback | 330 pages
  • 189 x 246 x 18mm | 590g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236899857
  • 9781236899859