Wilmarth v. Heine
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jeane Heine, from k judgment of the County Court of Fulton county in-favor of the plaintiff, entered in the office of the clerk of said county on the 19th day of February, 1909, upon the decision of the court rendered after a trial before the court without a jury. This action was brought to recover for the alleged conversion of $170 of wages or salary earned by the defendant.
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Appeal by the defendant, Jeane Heine, from k judgment of the County Court of Fulton county in-favor of the plaintiff, entered in the office of the clerk of said county on the 19th day of February, 1909, upon the decision of the court rendered after a trial before the court without a jury. This action was brought to recover for the alleged conversion of $170 of wages or salary earned by the defendant. The defense was usury. . The claim of' the plaintiff is based upon a- written assignment dated JSTovember 28, 1905, which recites that the defendant hereby sells, assigns, transfers and sets over…
1Opinion of the Court
Sewell, J.:
The first question presented upon this appeal is one relating to practice. The respondent claims that wc have no power to review any question of law or fact, as it appears that no exceptions have been filed to the decision of the court. The. question of the necessity for exceptions where, as in this case, there is a certificate showing that it contains all the evidence, was presented in Hill v. White (46 App. Div. 360). In discussing, the question in that case we said: “ By section 992 of the Code exceptions to findings of fact in actions tried by the court are forbidden, and…
2Cases cited1 opinion
- Hill v. WhiteAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- In re CanfieldCourt of Appeals for the Second Circuit · 1912
- Gleason v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1932
- Brown v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1916
- State Ex Inf. Taylor v. Salary Purchasing Co.Supreme Court of Missouri · 1949
- Willson v. Fisher, New York County Courts1912
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