Cornish v. Graff
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made on a case and exceptions, and from an order granting a motion to resettle a case.
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Appeal from a judgment in favor of tbe plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made on a case and exceptions, and from an order granting a motion to resettle a case. This action was brought to recover for services as a nnrse performed between September 1,1880, and October 19,1881. The complaint contains but a single count, in which it is alleged that the services were reasonably worth ten dollars per week, amounting in the whole to $500, and that defendant agreed to pay said sum. It is admitted in the complaint that $286.44 has been…
1Opinion of the Court
Pollett, J. :
It does not appear that the ease contains all of the evidence, and for this reason the questions of fact, or errors of the jury, if any, •cannot be considered. An appeal from a judgment brings up for review only questions of law which are contained in the judgment-roll. Section 1237 of the Code of Civil Procedure provides that a case settled and on file at the time the judgment is entered shall form a part of the judgment-roll. When a case is settled and filed .after the entry of judgment, the judge, referee or court should ■order the case annexed to the judgment-roll. (McNish v.…
2Cases cited9 opinions
- Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
- Chapman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Taylor v. BetsfordNew York Supreme Court · 1816
- Bunn v. CroulNew York Supreme Court · 1813
- Marsh v. HolbrookNew York Court of Appeals · 1869
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