Healey v. Terry
City of New York Municipal Court
Appeal from special term. Action by William,W. Healey and others against ICate M. Terry. Plaintiffs appeal from an order striking certain words out of the case.
1Per curiam
We are satisfied that the words stricken put were part of plaintiffs’ Exhibit 3, and cannot be detached therefrom. Where the facts are disputed, the certification of the trial judge as to what occurred is conclusive, (Green v. Shute, ante, 69;) but where the facts are undisputed, or are indisputable, the trial judge cannot arbitrarily strike out evidence regarded by the appellant as material to his appeal, (Rubber Co. v. Rothery, 112 N. Y. 592, 20 N. E. Rep. 546.) The words stricken out formed part of plaintiffs’ Exhibit Ho. 3, and the appellants had the right to have them printed as part and…
2Cases cited1 opinion
- New York Rubber Co. v. . RotheryNew York Court of Appeals · 1889
3Cited by1 opinion
- Goldenson v. LawrenceCity of New York Municipal Court · 1892