Gregory v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Squire Clark, personally and as executor, etc., of Susan Conklin Clark, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 6th day of March,. 1897, upon the verdict of a jury, and also from an order bearing date the 11th day of January, 1897, and entered in said clerk’s office, denying the defendant’s motion for a nonsuit and for a new trial made upon the…
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Appeal by the defendant, Squire Clark, personally and as executor, etc., of Susan Conklin Clark, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 6th day of March,. 1897, upon the verdict of a jury, and also from an order bearing date the 11th day of January, 1897, and entered in said clerk’s office, denying the defendant’s motion for a nonsuit and for a new trial made upon the minutes. The action was brought by the plaintiff as an heir at law of Susan Conklin Clark, deceased, to partition certain…
1Opinion of the Court
Per Curiam :
This judgment must be affirmed for the following reason:
The record before us is not such as permits us to examine and pass upon the question of fact upon which the appellant relies for a reversal.
If the appellant desires this court to review a question of fact “ he *75must * * * make a case and procure the same to be settled and signed by the judge * * * by or before whom the action was tried.” This is explicitly required by section 997 of the Code of Civil Procedure, and a stipulation of parties waiving it, will not avail. (Bonnefond v. De Russey, 73 Hun, 377; Reese v. Boese, 92 N.…
2Cases cited4 opinions
- Gorham Manufacturing Co. v. SealeAppellate Division of the Supreme Court of the State of New York · 1896
- Flood v. CainNew York Supreme Court · 1894
- Reese v. . BoeseNew York Court of Appeals · 1883
- Bonneford v. De RussyNew York Supreme Court · 1893
3Cited by5 opinions
- C. F. Booth Co. v. Adams Express Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Miller v. Farmers & Merchants' State BankAppellate Division of the Supreme Court of the State of New York · 1903
- Brew v. MasonAppellate Division of the Supreme Court of the State of New York · 1982
- Gregory v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1900
- Sacks v. HookeyAppellate Terms of the Supreme Court of New York · 1907