Young v. Young

—The plaintiff’s exceptions, if duly taken under § 994 of the Code, were properly inserted in the case. Code, § 997 ; French v. Powers, 80 N. Y. 146. It does not appear that they were not properly taken in the manner and within the time prescribed in § 994. They were directed to be stricken out of the case on the settlement, on the ground that exceptions so taken are not to be inserted in the case, but are brought up in connection with the judgment-roll. In this case we think the judge erred. Section 997 seems to be decisive that such exceptions may be inserted in the case. The general term…