Colby v. . Town of Day
New York Court of Appeals
Appeal — General Exception to Decision of Trial Judge, When It Presents No Question of Law Reviewable by Appellate Division. A general exception to the decision of a trial judge and to each and every part thereof, with no specific exception to any particular finding or conclusion, is insufficient to present any question of law for review by the Appellate Division on an appeal from a judgment of the Special Term entered upon such decision.
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Appeal — General Exception to Decision of Trial Judge, When It Presents No Question of Law Reviewable by Appellate Division. A general exception to the decision of a trial judge and to each and every part thereof, with no specific exception to any particular finding or conclusion, is insufficient to present any question of law for review by the Appellate Division on an appeal from a judgment of the Special Term entered upon such decision. Appeal from a judgment entered September 25,1902, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a…
1Opinion of the Court
Per Ouriam.
It must be assumed that the judgment herein was reversed by the Appellate Division for errors of law only. (Code Civil Procedure, § 1338; Hinckel v. Stevens, 165 N. Y. 171, 173, and cases cited.) Therefore, the question is presented whether the exception filed by the defendant was sufficient to present any question of law which justified such reversal. We think there was not. The exception was general to the decision of the trial judge and to each and every part thereof, with no specific exception to any particular finding or conclusion. This court has recently held that such an…
2Cases cited2 opinions
- Drake v. . New York Iron MineNew York Court of Appeals · 1898
- Hinckel v. . StevensNew York Court of Appeals · 1900