Hunt v. . Bloomer
New York Court of Appeals
Motion to dismiss the appeal. The suit was instituted to foreclose a mortgage. At the special term the plaintiff moved the cause upon the complaint, the bond and mortgage therein set forth and the answer of the defendant. He waived proof of the matters set up in the answer, claiming that they constituted no defence. The judge so ruled and pronounced judgment accordingly. The record does not show that any exception was taken to the decision.
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Motion to dismiss the appeal. The suit was instituted to foreclose a mortgage. At the special term the plaintiff moved the cause upon the complaint, the bond and mortgage therein set forth and the answer of the defendant. He waived proof of the matters set up in the answer, claiming that they constituted no defence. The judge so ruled and pronounced judgment accordingly. The record does not show that any exception was taken to the decision. On appeal to the general term, the judgment was affirmed, and the defendant appealed to this court.
1Opinion of the CourtComstock, J.
The motion must be granted. The Code provides (§ 268) that, for the purpose of a review after a trial by the court, either party may except to a decision upon a matter of law arising on such trial, within ten days after notice in writing of the judgment, and that a case or exceptions may be made within the same time, or such further time as may be allowed by the rules of the court. The last part of the same section declares that the questions, whether of fact or law, can be reviewed only in the manner prescribed.
Under the former practice, exceptions could not be taken after the trial. If the…
2Cited by18 opinions
- K v. HWisconsin Supreme Court · 1866
- Robbins v. DeverillWisconsin Supreme Court · 1865
- Urquhart v. . the City of OgdensburghNew York Court of Appeals · 1884
- Godwin v. BryanSupreme Court of Florida · 1878
- Light v. KennardNebraska Supreme Court · 1881
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