Myers v. Rosenback

i- Pet- Quríaflny

'.All. the. .questions., which fh„e. appellant,:dej3Íres to present to the Court of Appeals' were.-fully discussediand disposed of upon authority in:.the opinion at.General.Term, and there seems to be no good reason within the uniform adjudication in'tins' court for sending this'casé td the CdUrf of Appeals. The point made on-this motion, thkt thb error in *639the reception of evidence on the - counterclaim may have influenced the jury on the merits of the action, cannot be considered, as it was not presented on the appeal by any exception taken at the trial. The plaintiff’s…