McClure v. . Leaycraft
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 13, 1904, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 13, 1904, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. This action was brought to restrain the defendant from erecting an apartment house upon premises owned by him situate on the southwest corner of 145th street and St. Nicholas avenue in the city of New York. Either party owns land nearly adjacent to that of the other and on the same block. There is a four-story dwelling…
1Opinion of the CourtVann, J.
As the order of reversal is silent as to the ground we are required to presume that the judgment of the trial court was not reversed upon a question of fact, and that the facts as found were approved by the Appellate Division. (Bomeisler v. Forster, 154 N. Y. 229; Petrie v. Trustees of Hamilton College, 158 N. Y. 458, 463 ; Code Civ. Pro. § 1338.) As said facts find ample support in the evidence and no exception vras taken to any ruling relating to evidence, the only question presented for decision is whether upon those facts the plaintiff or the defendant is entitled to judgment. (Spence v.…
2Cases cited13 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Taylor v. LongworthSupreme Court of the United States · 1840
- Spence v. . HamNew York Court of Appeals · 1900
- Kitching v. . BrownNew York Court of Appeals · 1905
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- Wilson v. . FordNew York Court of Appeals · 1913
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