Appellate Division of the Supreme Court of New York, 1899

Thompson v. Schwartz

Thompson v. Schwartz
Appellate Division of the Supreme Court of New York · Decided April 14, 1899
57 N.Y.S. 416 (New York Supplement)

Counsel

Norman A. Lawlor, for appellant., George H. Pettit, for respondent.

Thompson v. Schwartz

Opinion of the Court

PER CURIAM.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.