Murphy v. Board of Education
New York Supreme Court
Appeal from circuit court, Westchester county. Action by Denis Murphy against the board of education in the city of Yonkers for a balance alleged to be due on a building contract. Judgment was entered on a verdict for defendant, and plaintiff appeals.
1Opinion of the CourtPratt, J.
The testimony is conflicting, and the trial judge is much better fitted to determine what weight to give the different statements than a tribunal that has not seen the witnesses possibly can be. It must also be remarked that the case does not show that all the testimony given below has been put before this court. For chat reason we cannot review the facts. It is the duty of an appellant who intends to call the conclusions of fact in question to put in the case a statement that all the evidence is returned upon which those facts depend. If the case contains no such statement, it is equal to…
2Cases cited1 opinion
- Porter v. . SmithNew York Court of Appeals · 1887
3Cited by8 opinions
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
- McNish v. Village of PeekskillNew York Supreme Court · 1895
- Goodrich v. GilliesNew York Supreme Court · 1891
- Brown v. WakemanNew York Court of Common Pleas · 1892
- Culliford v. GaddThe Superior Court of the City of New York and Buffalo · 1892
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