Livingston v. . City of Albany
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 19, 1897, and from the judgment entered thereon March 22, 1897, reversing, on questions of fact and of law, a judgment in favor of defendants, entered upon a dismissal of the complaint on trial at Special Term and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 19, 1897, and from the judgment entered thereon March 22, 1897, reversing, on questions of fact and of law, a judgment in favor of defendants, entered upon a dismissal of the complaint on trial at Special Term and granting a new trial. This action was brought for the cancellation of a bond and mortgage made by the plaintiff for the purpose of indemnity to two of the defendants on the ground that the obligation for which the bond and mortgage was given as security has been…
1Opinion of the Court
Parker, Ch. J.
The interesting questions of law brought to our attention by the argument of counsel cannot now be considered by us for the reason that we are without jurisdiction to review the order appealed from. By it the judgment is reversed and a new trial granted, both on questions of fact and of law, and inasmuch as this court is limited by the Con stitution to the review of questions of law, except where the judgment is of death, we cannot review such an order if there be any controversy whatever as to material facts. True, it has been held that we may look'into the record for the…
2Cases cited3 opinions
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
- Snebley v. . ConnerNew York Court of Appeals · 1879
3Cited by6 opinions
- Steinway v. . SteinwayNew York Court of Appeals · 1900
- Waddle v. . CabanaNew York Court of Appeals · 1917
- In Re the Appraisal of Property of ThorneNew York Court of Appeals · 1900
- Reich v. La Bau DyerNew York Court of Appeals · 1904
- In Re the Administration of the Estate of MosherNew York Court of Appeals · 1906
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