Smith v. Gugerty
New York Supreme Court
Error to the superior court of the city of New-York. The action was assumpsit. Before issue was joined, the parties entered into a stipulation, dated June 27th, 1840, in these words: “ The plaintiff may declare in this case on the common counts, for work and materials, money counts, and account stated—and the defendant plead the general issue, and notice of set-off.
Read the full summary
Error to the superior court of the city of New-York. The action was assumpsit. Before issue was joined, the parties entered into a stipulation, dated June 27th, 1840, in these words: “ The plaintiff may declare in this case on the common counts, for work and materials, money counts, and account stated—and the defendant plead the general issue, and notice of set-off. Under these pleadings the parties may respectively give in evidence against each other, all claims and counter claims which they may respectively have, and which either party might recover against the other in any action or…
1Opinion of the Court
By the Court, Strong, P. J.
The counsel for the defendant in error said truly on the argument, that it is the province of the court, on a writ of error, to decide questions of law, and not questions of fact upon which there has been a conflict of evidence. Hence it is the usual, and where it is possible, the more correct course, when it is intended to review cases tried before referees, to embody in the record a statement of the facts proved before, and found by them, as a substitute for a special verdict. But it often happens that the questions of law raised on the trial do not relate so much…
2Cases cited2 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Smith v. BriggsNew York Supreme Court · 1846
3Cited by42 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Taylor v. Town of MonroeSupreme Court of Connecticut · 1875
- Sinclair v. TallmadgeNew York Supreme Court · 1861
- Gallagher v. . NicholsNew York Court of Appeals · 1875
- Bissell v. WertIndiana Supreme Court · 1871
37 more not listed; retrieve them via the Exa API.