Edinger v. McAvoy
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the plaintiff, Charles P. Edinger, and the defendant, Thomas McAvoy, from a judgment of the Supreme Court in favor of the defendant Ellen McAvoy, entered in the office of the clerk of the county of Onondaga on the 3d day of April, 1907, upon the decision of the court rendered after a trial at the Onondaga Special Term, the plaintiff appealing from the whole of said judgment and the defendant Thomas McAvoy from certain parts thereof.
1Opinion of the Court
Robson, J.:
The record before us on this appeal contains proposed findings of fact and of law, submitted by the attorney for defendant Thomas McAvoy, and separate and distinct proposed findings of fact and law, submitted by the attorney for the other defendant. These proposed findings were evidently presented to the court pursuant to section 1023 of the Code of Civil Procedure. Instead of noting in the margin of these statements the manner in which each proposition was disposed of, as the section referred to requires, the court *870signed the two statements of findings proposed at the end of each.…
2Cases cited2 opinions
- Shaffer v. MartinAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Havron v. DaltonAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Smith v. . GeigerNew York Court of Appeals · 1911
- Ventimiglia v. . EichnerNew York Court of Appeals · 1914
- Hager v. ArlandNew York Supreme Court · 1913