Hochberger v. Baum
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the City Court of the city of Hew York entered upon the verdict of a jury in favor of the plaintiff in an action of replevin.
1Per curiam
The respondent’s counsel is mistaken in thinking that the facts are not before this court for review because of the absence of a certificate that the case contains all the evidence. That rule, although it has often erroneously been applied to cases tried before a jury, as the reports show, properly has reference only to cases tried before the court without a jury. Rosenstein v. Fox, 150 N. Y. 354.
In the present case the denial of the motion to set aside the verdict and for a new trial, and the exception to such denial, constituted a sufficient notice to the respondent of an intention to…
2Cases cited2 opinions
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Streicher v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899