Legal Opinion

Ingersoll v. . Bostwick

New York Court of Appeals

Decided December 5, 1860PublishedCited by 20 opinions

Appeal from the Supreme Court. Action to recover possession of personal property. The trial was before a referee, who reported that the plaintiff was entitled to judgment for the recovery of the property, or for its value, with damages for the detention, which were assessed by him. The judgment was entered for the amount of the value and damages, absolutely, without any reference to a recovery of the chattels.

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Appeal from the Supreme Court. Action to recover possession of personal property. The trial was before a referee, who reported that the plaintiff was entitled to judgment for the recovery of the property, or for its value, with damages for the detention, which were assessed by him. The judgment was entered for the amount of the value and damages, absolutely, without any reference to a recovery of the chattels. From the history of the trial, as set out in the paper book, there appeared to have been but a single exception taken, and upon this no point was made at the hearing. The judgment…

1Opinion of the CourtWright, J.

There is nothing in this case for the court to review. We have held, over and over again, that only such questions of law as were properly raised by exceptions in the court below can be reviewed here. (Hunt v. Bloomer, 3 Kern., 341; Magee v. Baker, 4 id., 435; Oldfield v. New York and Harlem R. R. Co., 4 id., 310; Smith v. Grant, 15 N. Y., 590; Otis v. Spencer, 16 id., 610.) Several of the cases cited hold that a review can be had on a case only, containing the conclusions of fact and law, and all the exceptions intended to be argued in the appellate court. There is no case, however, holding…

2Cases cited1 opinion

  1. Smith v. . GrantNew York Court of Appeals · 1857

3Cited by20 opinions

  1. McBride v. . the Farmers' BankNew York Court of Appeals · 1863
  2. Preston v. Sandford's AdministratorIndiana Supreme Court · 1863
  3. Mills v. MillerNebraska Supreme Court · 1873
  4. Thomas v. . MurrayNew York Court of Appeals · 1865
  5. Gerity v. . Seeger Guernsey Co.New York Court of Appeals · 1900

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