Stiefel v. New York Novelty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mortimer Stiefel, as receiver of the New York Novelty Company, from a judgment of the Supreme Court ip favor of the defendants Sophia Schwab and others, entered in the office of the clerk of the county of New York on the 24th day of March, 1896, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint.
1Opinion of the Court
Per Curiam :
It appearing upon an examination of the record that no exception has been,tiled to the decision, as provided for by section 1022 of the Code, this Appellate Division has no power to review any question of law or fact which might otherwise have been presented upon this record. This rule seems to be laid down by the Court of Appeals in the case of Otten v. Manhattan Railway Co. (150 N. Y. 395), in which the court holds that it is by virtue of this exception alone that the Appellate Division has pówer to review either the facts or the. law in a case where the court or referee has…
2Cases cited1 opinion
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
3Cited by1 opinion
- May v. MentonAppellate Terms of the Supreme Court of New York · 1897