Howell v. . Mills

This is an action for partition of real estate. The trial was at Special Term before a single judge. There are no findings of law or fact, and no exception reviewable in this court. The exceptions, filed five years after the judgment, to the "judgment" and "decree," present no question for review. (Code, §§ 267, 268; 3 Keyes, 434; 29 N.Y., 616; 38 id., 305; 13 id., 341.)

The only question which can be considered, and this is urged on behalf of the defendants, is that the court had no jurisdiction to entertain these proceedings. This is predicated upon the ground that the petition does not show…