Legal Opinion

McManus v. Palmer

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1897PublishedCited by 1 opinion

Appeal by the plaintiff, Alice McManus, from a judgment of the Supreme Court in favor of the defendants, entered in the ofBce of the clerk of the county of Jefferson on the 3d day of July, 1896, upon the decision of the court rendered after a trial'at the Jefferson Special Term dismissing her complaint.

1Per curiam

The only decision in this case or authority for entering the judgment appealed from is the following indorsement on the complaint, signed by the justice who held the term : “ Complaint dismissed, with costs to be taxed. Judgment may be entered accordingly.”' When it was made does not appear. There was a trial of issues of fact by the court, and its decision is not in compliance with section 1022 of the Code of Civil Procedure, and no question is brought before this court for review by an appeal from the judgment entered on this decision. (Wood v. Lary, 124 N. Y. 83; Benjamin v. Allen, 7 Civ.…

2Cases cited1 opinion

  1. Wood v. . LaryNew York Court of Appeals · 1891

3Cited by1 opinion

  1. Carrigan v. CarriganAppellate Division of the Supreme Court of the State of New York · 1898

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